Patent Litigation
experiencerAndrews Kurth Kenyon

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Intellectual Property & Technology Powerhouse
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since 1902

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Patent Litigation

Our firm handles high-stakes patent litigation matters for a wide range of leading international companies. We have extensive experience litigating before the United States federal courts, state courts and the International Trade Commission and have successfully litigated jury and bench trials in all of the major patent litigation venues.

Each intellectual property matter is handled by a lean, seasoned legal team custom tailored to most effectively represent the client, effectively best positioning our client in a position to prevail.

Lawyers with Significant Technical Experience

Regardless of the type of intellectual property rights involved, enforcement efforts can begin with a cease and desist letter and move quickly to a lawsuit seeking a temporary restraining order, a preliminary injunction, seizure and other kinds of equitable relief. We field quick reaction teams who have the necessary IP substantive background, technical and industry background and the high-stakes litigation and trial experience required to quickly obtain all forms of equitable relief.

Our technical knowledge frequently positions us to better understand our clients’ business and to develop winning arguments in court. Our years of patent litigation experience, combined with our strong grasp of the science and technology underlying our clients’ patents, enables us to easily explain complicated subject matter to less technically sophisticated judges and juries.

Nearly all of our attorneys hold undergraduate or both undergraduate and graduate degrees in science or engineering, and many of our lawyers have also worked in our clients’ industries as scientists or engineers. We understand the product, business and industry implications of our clients’ innovations. Our in-depth industry knowledge allows us to hit the ground running at the outset of each engagement.

Trial

From the Eastern District of Texas to the International Trade Commission, from the District of Delaware to the Northern District of California, and from the United States Court of Appeals for the Federal Circuit to the United States Supreme Court—we have extensive experience overseeing patent litigation trials. With over 135 years of patent litigation experience, we lead jury and bench trials, and have appeared before nearly all of the prominent judges who typically hear patent litigations and in nearly all U.S. federal district courts. We also use our successful trial experience as leverage in negotiating favorable settlements for our clients.

In the past five years, we have appeared in:

Post Grant Proceedings

The introduction of the Leahy-Smith America Invents Act in 2011 reshaped the landscape of the United States patent system and brought about significant changes to post grant proceedings. Our team of patent prosecutors and litigators work together to deliver successful, results driven representation for our clients. We help our clients evaluate each dispute carefully and thoroughly, and assist them in determining the best course of action to meet their objectives. 

Appellate Litigation

We are formidable adversaries in the courtroom, and frequently act as trial counsel in cases where the amounts in controversy and demands are too high for settlement to be a viable option. Multi-defendant groups regularly elect us to act as lead trial counsel. Our reputation as a top notch patent litigation firm frequently provides our clients with leverage during settlement negotiations, allowing us to resolve our clients’ cases for fractional amounts of the damages claimed. We are able to advise parties at an early stage about how cases are likely to proceed, taking advantage of our years of experience with the leading venues and judges.

Our global clients, including Sony and Volkswagen, regularly rely on us for their high-stakes appellate litigation. From strategic counseling before filing an appeal to crafting exacting briefs and arguing successfully before the U.S. Court of Appeals for the Federal Circuit and the United States Supreme Court, our technical and legal experience has made us one the leading intellectual property firms for appellate work in North America.

With more than 120 years of appellate experience, beginning when the firm argued the famous “Edison Light Bulb” case at the U.S. Supreme Court involving pioneer patents in the electric power and light industries, to the Federal Circuit case, Robert Bosch, LLC v. Pylon Manufacturing Corp., that resulted in an important ruling helping to define the continued availability of injunctions after the Supreme Court’s 2006 eBay decision, we bring deep knowledge of the appellate courts, judges, and process to our clients. We have numerous successes where we have convinced the Federal Circuit to uphold lower court decisions that favor our clients and have persuasively argued for the reversal of invalidity and infringement decisions rendered against our clients by the lower courts.

Hatch-Waxman—ANDA Practice

We have represented some of the world's largest pharmaceutical companies in Abbreviated New Drug Application (ANDA) litigations since the Hatch-Waxman Act of 1984 fundamentally changed how generic drugs are approved in the United States. Having litigated some of the most significant Paragraph IV cases in history, our firm has been at the forefront of pharmaceutical litigation and has obtained successful litigation outcomes for some of the most widely recognized branded and generic drug companies in the world.

The breadth of our experience in this area sets us apart as one of the leading firms handling high stakes ANDA litigation. Our loyalty and commitment to our clients’ needs make us an indispensable asset as they bring their drugs to market.

We have been trial counsel for bench and jury trials, as well as appellate counsel, on behalf of leading companies in successful ANDA litigations involving blockbuster drugs and damages claims worth billions of dollars.

International Trade Commission

We handle high stakes International Trade Commission (ITC) Section 337 investigations for some of the world’s leading companies across a wide range of industries, ranging from consumer goods and electronics to pharmaceuticals. Our ITC practice is composed of experienced trial lawyers who are extremely familiar with the Commission’s unique requirements.

Known as leaders in the practice of Section 337 matters, our firm routinely acts as lead counsel in matters relating to billion dollar consumer markets. We defend our clients’ rights to import products into the United States and secure exclusion orders against our clients’ competitors. Our cases have set precedent at the ITC and have frequently resulted in extremely favorable outcomes for our clients. Our strong track record includes over 50 actions in front of the ITC.

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