Corporate

Patent Litigation

Trial-ready advocacy in complex patent litigation

Industry-leading companies call on Dechert to resolve their most complex patent litigation disputes. From the courtroom to the negotiating table, our patent litigators have an established record of obtaining favorable results for clients.

Our global team routinely represents high-profile clients in the most prominent patent litigation venues in the world, including the Netherlands, Japan, Germany and France. We have successfully tried cases in U.S. district courts, including patent litigation hotbeds in California, Texas and Delaware, as well as the International Trade Commission, the UK High Court, French courts, the German infringement and validity courts, and many others. Notably, on behalf of client SCA Hygiene Products in November 2016, the U.S. Supreme Court sided with SCA in a 7-1 decision on March 21, 2017 and reversed a 6-5 en banc decision of the Federal Circuit, overturning 100 years of precedent and concluding that laches cannot bar the award of legal damages in patent cases.   

Unlike most large firms – which are defense-oriented – we represent both plaintiffs and defendants, allowing us to provide clarity to clients on both sides of the table. Our lawyers regularly handle cases and complex international disputes where hundreds of millions or even billions of dollars are at stake. We also have a dedicated Hatch-Waxman litigation team with extensive experience in preparing for and litigating Abbreviated New Drug Application (ANDA) disputes.

Clients also depend on us to accomplish their objectives outside of the courtroom. Dechert has created and litigated many global patent enforcement campaigns for major international companies and has extensive experience running licensing programs to monetize portfolios.

We routinely secure licensing and settlement agreements that save our clients’ money, preserve their goodwill and deliver more long-term benefits than likely would have resulted from litigation.

We focus on our client’s needs and match our resources to the scope of the dispute. Clients count on Dechert to secure their interests in the most expeditious and cost-effective manner possible. 

A recognized leader in patent litigation

Decades of advocacy on behalf of clients has established Dechert as a leading firm for patent and IP litigation. In 2016, IAM Patent 1000 published, “Internationally active native outfit Dechert excels in patent conflicts which demand strong technical and scientific nous; many of its leading practitioners have doctorates in their respective fields, ensuring it can rise to any challenge effectively and intelligently.” Chambers USA regularly ranks members of our patent litigation team among the nation’s best litigators, and other sources have highlighted our lawyers, including IP Law & Business and The Best Lawyers in America. 

Experience

Pharmaceuticals and Medical Devices

  • SCA Hygiene Products in SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products, LLC, et al. After hearing oral argument presented by Dechert on behalf of client SCA Hygiene Products in November 2016, the U.S. Supreme Court sided with SCA in a 7-1 decision on March 21, 2017 and reversed a 6-5 en banc decision of the Federal Circuit, overturning 100 years of precedent and concluding that laches cannot bar the award of legal damages in patent cases.
  • Endo Pharmaceuticals Inc. and Penwest Pharmaceuticals Co. in Endo Pharmaceuticals Inc., et al., v. Impax Laboratories, Inc., et al. (U.S. District Court, Districts of Delaware and New Jersey), in a series of related Hatch-Waxman patent infringement actions filed against eight generic companies relating to Opana® ER, an extended release form of oxymorphone hydrochloride indicated for around-the-clock treatment of chronic pain. The first round of cases were settled in the middle of trial. In the second round of cases, Dechert prevailed in a five-week trial in New York against seven generic companies, protecting an estimated US$2 billion in sales.
  • Medtronic, Inc. and Medtronic Vascular, Inc. in Medtronic, Inc. and Medtronic Vascular, Inc. v. AGA Medical Corporation and Medtronic, Inc. v. W.L. Gore & Associates. Medtronic asserted that AGA Medical Corporation infringed two Medtronic patents pertaining to the use of shape memory alloys for providing self-expanding medical devices. The jury in the AGA case awarded Medtronic a royalty of 11 percent resulting in damages of US$57.8 million.
  • GlaxoSmithKline in GlaxoSmithKline LLC, et al. v. Sandoz Inc. (U.S. District Court, District of Delaware), a Hatch-Waxman patent infringement litigation involving GSK's corticosteroid nasal spray, Veramyst. The parties reached a settlement and the case was dismissed in September 2013.

Electronics and Computers

  • Microsoft in enforcing its patent portfolio in the mobile phone space against Android device makers. In addition to assisting in the formation of the Android licensing program and in litigating Microsoft’s patents against Japanese phone maker, Kyocera in Microsoft v. Kyocera (W.D. Wash.), Dechert represented it in its dispute with Samsung over patent rights involving billions in royalty payments.
  • Hitachi and related entities in enforcing the Hitachi digital television and monitor patent portfolio against companies around the world.
  • UK computer manufacturer Elonex plc in Elonex v. Packard Bell NEC, et al.; Elonex v. Compaq Computer, et al., a licensing and litigation campaign in relation to Elonex’s monitor power management technology. Brought patent infringement claims in the U.S. against more than 30 companies, pursued litigation in the UK, German, and Taiwanese national courts, and defended against opposition proceedings in the European and Japanese Patent Offices. The litigation and licensing campaign resulted in Elonex receiving over US$100 million in royalties, settlements, and damages, including a US$9 million judgment after trial in the District of Delaware, which the Federal Circuit affirmed.

E-Commerce and Consumer Products

  • Monster Worldwide in JobDiva, Inc. v. Monster Worldwide, Inc. in District Court for the Southern District of New York in a patent infringement suit brought by a competitor involving search algorithm technology.
  • QVC in Alcatel-Lucent U.S.A. v. QVC, Inc. et al, a patent infringement suit brought by Alcatel in relation to its e-commerce patents in the Eastern District of Texas.
A go-to firm for industry leaders
  • Amgen
  • Boston Scientific
  • Citigroup
  • Endo Pharmaceuticals
  • GlaxoSmithKline
  • Hitachi
  • Lenovo
  • Martek
  • Medtronic
  • Microsoft
  • Monster Worldwide
  • PepsiCo
  • Pfizer
  • Samsung
  • QVC
  • TD Banknorth
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