Patent Litigation Services

  • Infringement Litigation: We take cases from pre-suit investigations through discovery proceedings, Markman hearings, summary judgment and trials. We have years of experience communicating complex technical concepts to judges and juries in a clear and compelling manner, and we develop cost-effective strategies that allow our clients to maintain profitability.
  • Pre-Litigation Investigations: We assist our clients in making the best business decision regarding whether to sue potential infringers, including evaluating the limitations of their patents in terms of validity and enforceability and thoroughly examining the allegedly infringing activities and actors to maximize the benefits of any litigation.
  • Hatch-Waxman Litigation: We analyze and evaluate patent validity and infringement issues associated with complex pharmaceutical patents and develop effective business and legal strategies to assist our clients in the launch of their drug products. We have a thorough understanding of FDA regulatory policy and work to integrate that knowledge into our litigation strategy.
  • Biosimilars Litigation: We assist companies in navigating the new litigation regime enacted by the Biologics Price Competition and Innovation Act of 2009, including developing strategies to effectively use the regime to advance our clients’ drug applications in the United States, avoid costly litigation and preserve their legal positions in the event of litigation.
  • Appeals: Our attorneys are skilled in litigating cases with an eye toward maintaining a clear and concise record of all legal errors upon which potential appeals may be taken and will use that record to assist our clients in devising potential appeals. We also have an intimate knowledge of the emerging trends and tendencies of the Federal Circuit and can provide our clients with an objective evaluation of the prospects of any appeal.

Technical Expertise

  • Biotechnology and Pharmaceutical, Chemistry, Chemical Engineering, Computer Software, Hardware and Internet, Electronics, Machinery, Material Science, Mechanical Engineering, Medical Device, Physics, Telecommunications, Semiconductor, Wireless

Representative Engagements

  • Lumos Technology Co., Ltd. v. JEDMED Instrument Company, No. 1:16-cv-06939 (S.D.N.Y.) Defended medical device distributor against patent infringement action relating to macrophotography.
  • Tandem Goods LLC v. Casper Sleep Inc., No. 1:17-cv-06670 (S.D.N.Y.) Represented inventor/start-up manufacturer and designer of bedding products in patent infringement action against nationally recognized competitor.
  • Geotag Inc. v. Burberry Limited, No. 2:12-cv-00443 (E.D. Texas) (Represented Burberry Ltd. in this complex patent litigation defending against prolific patent troll; case involved alleged infringement of patent purported to cover store locator technology used on websites)
  • Geotag Inc. v. Donna Karan Int’l, Inc., No. 2:12-cv-00457 (E.D. Texas) (Represented Donna Karan Int’l in this patent litigation defending against prolific patent troll)
  • Createthe Group, Inc. v. GeoTag Inc., No. 13-cv-3615 (S.D.N.Y.) (Represented Createthe Group  in this Declaratory Judgment Action of non infringement and invalidity of Patent against patent troll)
  • IP Power Holdings Ltd v. Sears Holdings Corp., 13-cv-6081 (S.D.N.Y.) (Successfully represented plaintiff in patent infringement claim in connection with patent for cross-member supporter for foldable furniture)
  • Long Corner v. Yifang USA, 14-cv-0363 (E.D. Texas) (Successfully resolved patent infringement case involving a system, device and method for extending a stroke of a computer pointing device)
  • Early Learling v. Community Products LLC, 09-cv-6343 (District Ct., NJ) (Successfully settled patent infringement case involving chair design)
  • Novartis v. Teva, No. 05-1887 (D.N.J. 2005): Our attorneys were responsible for defending a branded drug company from a generic manufacturer, including winning a jury trial reinforcing the validity and enforceability of a patent for a guanine analogue antiviral drug.