Patent Litigation


Dechert’s patent litigators represent electronics, computer, financial services, life sciences, medical device, semiconductor and software industry clients in infringement disputes arising in “rocket docket” and other U.S. district court jurisdictions, the U.S. Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office (USPTO) and the International Trade Commission (ITC), as well as in courts in the United Kingdom, Europe and Asia. Dechert lawyers have also served as co-counsel in litigations and oppositions arising in China, Japan, Taiwan, South Korea, Australia, France, Germany, The Netherlands, Belgium, Italy, Brazil and other countries.

Our litigators have extensive courtroom experience and many hold advanced technical and scientific degrees, providing them with a short learning curve that gives us a leading edge in high-pressure patent litigation scenarios. Additionally, a number of our attorneys are former in-house counsel or former Federal Circuit clerks, assuring that our team has the business acumen and unique insights to best protect, defend and promote our clients’ intellectual property.

We tailor our patent litigation strategies to our clients’ business goals. When a client demands quick resolution, we have exceeded expectations by resolving disputes with alacrity via settlement or licensing agreement. When serving as defense counsel, we have achieved resolutions costing clients far less than originally anticipated. In one case, we helped a client negotiate, for less than $10 million, a license for which a competitor later paid more than $400 million. We have also assisted clients in maintaining goodwill with their competitors through the formation of joint ventures and other arrangements, allowing the parties to preserve their product lines and underlying patents. Our “big picture” discernment accounts for our many long-lasting and trusted client relationships.

In many patent disputes, the ability and willingness to take a case to trial can been critical to winning or reaching a favorable settlement. Our lawyers have vigorously defended clients from pretrial Markman hearings through trial and appeal, achieving favorable claim construction rulings and obtaining multi-million dollar verdicts and judicial orders requiring substantial royalty payments. Our decades of experience litigating in prominent patent litigation jurisdictions make us well aware of the predilections of particular judges and the attitudes, biases and decision-making processes of juries. Armed with this knowledge, we are able to devise litigation strategies accordingly.

We are also adept at turning an ongoing litigation to our client’s favor. Partnering with attorneys in our Antitrust/Competition group, we frequently litigate the antitrust aspects of a patent dispute and advise pharmaceutical clients on issues relating to a drug’s life cycle and to ANDA filings by generic drug companies. In all matters, we strive to provide cost-efficient service and to pursue a litigation strategy that is in harmony with our client’s goals and priorities.

Leading legal referral guides have identified our patent practice as top-tier. The Legal 500 United States named us a leading firm in the handling of patent litigation before the International Trade Commission. Chambers USA said of our practice: “[T]his ‘excellent and high-quality group’ maintains a national and international practice in IP, providing a full scope of IP advice.” IP Law & Business noted the large number of patent appeals we handle, and patent appellees we represent, in the Federal Circuit. Additionally, a number of our patent litigators are listed in Best Lawyers in America and Benchmark Litigation.