Firms: litigation
Gold tier
Silver tier
Bronze tier
Firms: prosecution
Firms: transactions
Cravath, Swaine & Moore LLP
When you need the best of the best for the highest-priority patent deals and disputes, Cravath is at the top of a very short list of firms. It is uniquely set up: its lawyers receive the highest quality generalist training but develop specialisation over time, granting them the pliability to deal with any issue, along with enhanced problem-solving and creative thinking skills and deep substantive knowledge of the relevant issues. Among them are several eminent trial lawyers, including Keith Hummel, Evan Chesler, David Marriott and Sharonmoyee Goswami: Hummel is ingenious, resourceful, resolute and unflagging – there is nothing he cannot do when it comes to complex legal conflict. So, too, Chesler, who is referred to in reverent tones as “godlike in litigation”. He continues to work closely with Marriott – they valiantly battled Apple on Qualcomm’s behalf – and is currently representing short-form streaming start-up Quibi and consumer technology holding company WndrCo alongside him in consolidated patent infringement and trade secret litigation against Israeli technology company JBF Interlude. Marriott has proven his mettle in many high-profile IP, antitrust and securities cases. Goswami is the rising star of the practice and comes in for special praise: “Sharon is extremely strategic and detail-oriented and knows how to position cases to maximise chances of success. She has a sense of self and purpose about her and is highly collaborative, with a unique ability to work seamlessly across multiple teams.” One of the top IP experts, not just at Cravath but in the world, corporate partner David Kappos anchors a leading transactions practice. He gets the biggest deals done before tea time but also devotes mental energy to crystal-ball gazing; he has an uncannily accurate sense of where things are heading – what the policy issues will be and where commercial opportunities will arise – making his behind-the-scenes strategic counsel utterly priceless.
Desmarais LLP
“It’s a struggle finding words that describe the experience partnering with Desmarais – on a five-star scale, it’s a six. The firm accomplishes things in important patent litigation that don’t seem possible; out of all the top-tier players in this space it’s the clear standout.” Appreciated not only for the consistency with which it produces sterling results, the outfit also takes an innovative approach to fee arrangements – flat fees, risk-sharing structures and hybrid setups are all in use – which are adjusted flexibly according to the needs of each client. The practice has many nonpareil litigators in its New York, San Francisco and DC offices, giving it the bandwidth to take on any case. New to the IAM Patent 1000 this year, Leslie Spencer garners excellent client reviews: “Leslie does great work, whether drafting briefs, taking or defending depositions, presenting arguments in various proceedings and advising on case strategy, and achieves positive outcomes. She breaks down complex concepts to those not familiar with patent law and provides practical guidance. She is clever at drawing information out of (sometimes prickly) engineers.” She is representing Dolby Laboratories in an action seeking declaratory judgment of non-infringement with respect to 10 Intertrust Technologies patents related to digital rights management technology, going up against Quinn Emanuel, another elite practice. She is also defending Fitbit in multiple patent infringement cases against Philips, involving smartwatch and activity tracking patents and has linked up with Alan Kellman and Karim Oussayef for the purpose. Kellman is an experienced leader, who makes a big impact for plaintiffs in pursuing wilful infringement verdicts and large damages awards. Oussayef is endorsed as a “level-headed and pragmatic lawyer” who “understands the importance of consistency in positions across litigations involving the same patents” and who “always makes himself available, even on short notice”. High marks are also awarded to Paul Bondor, who puts his patrons at a distinct advantage in the courtroom with his textbook-worthy cross-examinations and argumentation and encyclopaedia of strategies. He plays an important leadership role in the group alongside patent litigation supremo John Desmarais, with whom he is currently representing Intel in a Delaware case against patentee-plaintiff XMTT. Able to switch gears effortlessly between high-technology and life sciences, Bondor and Desmarais are also acting for GlaxoSmithKline affiliate ViiV Healthcare against Gilead Sciences – a dispute between two branded drug companies involving Gilead’s multibillion-dollar HIV-1 therapy, Biktaryv. With them on this is Todd Krause, who specialises in pharmaceutical and biotechnology disputes; he has a PhD in biological sciences and stands out as a technically gifted advocate. Bindu Donovan also makes light work of Hatch-Waxman litigations and is a popular pick for a host of drug originators. For matters relating to materials technology, Yung-Hoon Ha has all the specialist knowledge required; he is one of the set’s top PTAB experts. Growth on the West Coast is an important storyline for Desmarais, which recruited Gabrielle Higgins from Ropes & Gray in 2021. Cross-office staffing has been key to success in many instances; for example, New Yorkers Tamir Packin and Jonas McDavit, along with San Francisco-based Peter Magic (who also features in the IAM Patent 1000) earned a key trial victory in 2019 for Cisco Systems, which wiped out more than $400 million in claims against it brought by Egenera; this one looks to be going to trial again after the Federal Circuit vacated the ruling, but you certainly wouldn’t bet against the team to repeat their earlier success.
Gibson Dunn & Crutcher LLP
When there are significant gains to be made or losses to be suffered in patent battles, one of the best partners to have is Gibson Dunn, a powerful litigation firm with many specialised IP advocates with the refined skills, deep experience and will to win. Josh Krevitt is endorsed by top-ranked contemporaries as “one of the very best patent litigators in New York”. As co-chair of the IP practice, he sets the standard of excellence in representing world-leading technology companies in bet-the-business scenarios and is never let down by his colleagues. On the life sciences side, for example, Jane Love brings superb scientific expertise and trial nous to the table. Veteran Daniel Thomasch, who has also put in resonant performances for top drug companies, elevates the practice through his versatility and veteran leadership; he litigates patent, product liability and commercial cases with aplomb, so whatever bind patrons are in, he can get them out. Robert Trenchard is similarly well positioned as a broad-minded litigator with a deep playbook to draw on; on the patent side, he has a special aptitude for pharmaceutical and biotechnology cases. Those in high-technology industries regularly call on Brian Rosenthal and Benjamin Hershkowitz. The former is a client service award winner who draws on deep courtroom and PTAB experience in crafting well-rounded litigation strategies, while the latter is a litigation and licensing ace. Recently making the move from Ropes & Gray, Charlotte Jacobsen has rare qualifications and experience among US practitioners; she is a former barrister in the United Kingdom with EPO oppositions experience.
Goodwin Procter LLP
Proficiency in life sciences patent litigation is a defining feature of Goodwin Procter’s IP practice; it has tremendous depth in the area and both seasoned and fast-rising stars on its roster. Well on her way to senior leadership is Huiya Wu, who has clocked up more than 20 years of experience. “She does a fantastic job leading on matters from inception through trial and is smart, experienced and well versed in managing complex pharmaceutical litigations. She has become a go-to for biosimilar matters.” Turning heads as an up and comer, Alexandra Valenti also garners excellent references: “Alex thoroughly understands the development history of complex biologics products and the context of disputes. She demonstrates mastery of the facts of her cases and delivers successful strategies, while running everything to the highest professional standards. She is extremely polished and a superb litigator.” Entering the IAM Patent 1000 for the first time this year, Linnea Cipriano is also gaining momentum thanks to sterling performances in district courts and the PTAB. With Wu, she is currently acting for Amneal Pharmaceuticals in a Hatch-Waxman litigation against patentee Par Pharmaceutical, which sells injectable blood pressure treatment Vasostrict, for which there is currently no generic version. Goodwin Procter also has talent up and down the ranks on the high-technology side, where it litigates with equal proficiency. The names to know in this regard are Mark Abate and Naomi Birbach, who have teamed up to defend Pass & Seymour in a dispute with Leviton Manufacturing, another leading company in the ground fault circuit interrupters market. Abate is well known for his representation of IBM, for which he has racked up many victories. Elevated to partner in 2021, Birbach is doing important work for household-name companies such as Facebook, for which she recently obtained a dismissal of a multi-patent case on Section 101 grounds.
Kirkland & Ellis LLP
A mastery of trial work is one of Kirkland & Ellis’s defining features; when command and control of entire sectors is the prize, companies instruct the firm in complete confidence, knowing that the best strategies will be pursued and the most persuasive arguments will be presented in compelling ways. The lawyers here demonstrate exceptional presence of mind when the pressure is dialled up to 10 and, in such regard, take inspiration from individuals such as Gregory Arovas. He has chalked up many momentous wins on behalf of companies such as Intel, which he recently represented in a suit involving patents on circuit layout technology and semiconductor fabrication against Tela Innovations; this was a multi-jurisdictional case spanning the International Trade Commission, Northern District of California and PTAB, with billions at stake – and total victory was the result. Here, Arovas formed a devastatingly effective team with Todd Friedman, who is known for his leadership and advocacy skill, and Robert Appleby, who is appreciated for his dexterity at trial and appeal. Kirkland & Ellis is equally proficient in the high-technology and life sciences domains, crossing between which are versatile operators Patricia Carson and Joseph Loy, who are extremely well adapted to handle any complex technology. Focusing on intricate pharmaceutical and biotechnology cases, Jeanna Wacker was an integral member of a cross-office Chicago-New York team that recently successfully defended Eagle Pharmaceuticals from allegations of patent infringement by Par Pharmaceutical, which was seeking to maintain its monopoly in the market for drug pressure drug vasopressin. Wacker makes her debut in the IAM Patent 1000 this year, having come to be a pivotal figure in the group. The negotiating table is another environment in which the outfit thrives, in terms of settlement and purely transactional work. David MacDonald works well alongside his litigation colleagues in terms of conflict resolution and continues to shine as a top deal broker.
Paul Hastings LLP
Paul Hastings has astutely configured its patent group and has all the assets in place for present and future dominance of life sciences – and technology – litigation practice. Much credit in this regard goes to Bruce Wexler, a towering figure on the US market with a global reputation as a top trial lawyer. Blue-chip clients have flocked to the firm because of his presence, leading to a constant flow of high-profile instructions that has in turn created the opportunity for younger lawyers to get hands on and gain valuable practical experience. With some of those younger professionals now rainmakers in their own right – New York litigation chair Preston Ratliff comes to mind – a virtuous circle has been created to sustain the practice at the highest level. Looking at recent highlights for the group, the total victory secured for L’Oréal in a case filed by Carmel Laboratories and the University of Massachusetts was a notable one; 130 of L’Oréal’s products were accused, with the damages sought being in the range of $275 million; in this the judge granted a motion that all contested claims were invalid as indefinite, and followed it up with a new standing order setting limitations on summary judgment motions in patent cases, creating an analogy between winning such motions and hitting a hole-in-one in golf. Global IP Vice Chair Eric Dittmann led the team and was instrumental to this win, with a lead role also played by Isaac Ashkenazi, and assists from Wexler and DC-based PTAB and all-round litigation supremo Naveen Modi – all of whom are the sort of lawyers who get hired by companies they have previously hammered in court, which is a good measure of their effectiveness. Other top names on the roster include Chad Peterman and Melanie Rupert: Peterman is an IP and antitrust trial lawyer who undertakes extensive work for AbbVie and Genentech, which he is representing jointly in a Hatch-Waxman litigation protecting Venclexta from generic challengers; adept in the life sciences, Peterman works across many technical divides without breaking a sweat. Rupert has an important role to play not only as a dynamic litigator but also as global co-chair of talent development within the outfit; coming back to the point about future dominance, she is doing an excellent job. Paul Hastings should also be noted for its transactional proficiency; Samuel Waxman is an integral member of the emerging growth company, and M&A practices is a great option for life sciences and technology companies as they look to make deals.
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Trial and post-grant supremacy are the hallmarks of Paul Weiss’s patent practice; when everything is on the line, the lawyers here showcase a rare talent for distilling down complex technical concepts and delivering captivating narratives. Worthy of special mention is the group’s superb performance in frontier life sciences cases, which create the perfect opportunity for the likes of Nicholas Groombridge and Jennifer Wu to stretch their legs. Recently, they have been representing 10X Genomics in an ITC dispute against competitor Bio-Rad Laboratories, involving advanced technology for single-cell DNA and RNA sequencing in which 10X is leading the way; with Bio-Rad largely unsuccessful at the ITC, the two companies reached a worldwide settlement. Mesmeric advocate Groombridge is an eminent lawyer in whom many place complete trust: “He understands the minutest details of cases but sees the big picture and everything in between. His courtroom presence is unparalleled.” Wu is gaining tremendous momentum in the practice, particularly through her outstanding work in cutting-edge biologics cases. Practice deputy chairs Eric Alan Stone and Catherine Nyarady also help to make Paul Weiss one of the very best biopharma patent litigation outfits in the country. “Eric and Catherine are terrific and are blessed with excellent listening ability, great intellects and deep substantive legal and technological expertise. They are also unafraid to say when they don’t know something and need to draw on the knowledge of others, which is a powerful and rare attribute – one that makes the difference between good and great lawyers.” It would be inappropriate to pigeonhole this group as only a life sciences option; its skills are highly transferable to any type of complex technology case.
Quinn Emanuel Urquhart & Sullivan LLP
Patent litigation is a huge deal at Quinn Emanuel and is one of the firm’s largest and most prominent practices; its partners – some of the best litigators in the business – have represented a litany of top innovators in their most consequential cases, consistently gaining the measure of their opponents and ultimately defeating them. Most of its IP practitioners are located in the outfit’s California offices but there is a sizeable contingent in New York, and an excellent one at that. The first name on the team sheet is national IP litigation group co-chair Edward DeFranco, a heavy hitter who has masterminded many winning campaigns in district courts and the ITC. He specialises in high-technology cases, as does standard essential patents expert Thomas Pease and Richard Erwine, who comes from an electrical engineering background. Dominic Cerrito and Raymond Nimrod play key leadership roles and spearhead the global life sciences practice; pharmaceutical originators call on them – and biochemistry PhD Angus Chen – when they need to draw lines in the sand. Kathleen Sullivan is a celebrated appellate advocate with a glittering track record of upholding trial wins and overturning adverse decisions.
Arnold & Porter
For legal market watchers it has been exciting to see Arnold & Porter’s success in the courtroom over recent years; it has put in resonant performances for innovation leaders in disputes that really matter at a technical, legal and business level. Essential to this story are the contributions of New Yorkers Daniel DiNapoli, Aaron Stiefel and Dan Reisner, who have a vast amount of collective experience. DiNapoli and Stiefel, meanwhile, have been representing Pfizer in Hatch-Waxman litigations in defence of blockbuster products under its Xeljanz brand. The firm has a longstanding relationship with Pfizer and has produced sterling results relating to many of its products, including Viagra and Celebrex, in much of which Reisner has also been involved. Reisner is a dynamic trial lawyer with skills, knowledge and experience cutting across life sciences and tech.
Axinn, Veltrop & Harkrider LLP
When it comes to patent practice, deep life sciences sector knowledge is Axinn’s defining feature. The firm has litigated extensively in the pharmaceutical and biotechnology space with outstanding results to show for it. Chair of the IP and FDA groups Chad Landmon and managing partner Matthew Becker are both excellent lead counsels who can be counted on when the chips are down. Landmon deploys highly advanced trial skills and has a rich knowledge of regulatory law. Becker is appreciated for his persuasive advocacy and for the tactical advice he provides away from the courtroom. Another prominent and popular member of the team, David Silverstein, is a USPTO-registered attorney who has top-level in-house pharmaceutical industry experience; he is as worldly wise as they come.
Baker Botts LLP
Baker Botts maintains its patent litigation, prosecution and licensing practices in perfect balance and provides one of the best all-round service packages on the market; engagement on all fronts has brought it close to its patrons, whose legal and commercial needs are met in tailored and efficient fashion. The firm is stacked with talent in New York and has eight IAM Patent 1000 representatives, including many practice leaders and several people recommended on more than one table. A good place to start is with chair of the IP technology practice Neil Sirota, who makes good use of his well-rounded skill set in calibrating litigation strategies. He has been putting in work for Samsung Electronics in multiple suits against a serial plaintiff, William Grecia, securing positive outcomes, including summary judgment wins, across the board. With him on this, captain of the IP group in New York Robert Maier is one of the ensemble’s most talented trial lawyers. Cut from the same cloth, Jen Tempesta is a go-to for prominent tech names such as Lyft, for whom she recently won a Federal Circuit appeal in a case against RideApp. Global IP chair Robert Scheinfeld is another vital contact for companies in need of a win. He has nearly four decades of experience and handles business in the courtroom with exceptional poise. Scheinfeld’s International Trade Commission (ITC) expertise is worth noting; he has achieved great things there and recently obtained a final determination for semiconductor manufacturing company CMC Materials in a tough battle against DuPont de Nemours. Turning to the life sciences side, section chair Steve Lendaris and Sandra Lee are discerning picks, particularly for strategic filing mandates, commercial advice and transactional support; they each handle PTAB proceedings with confidence, too. Paul Ragusa leans into this practice and has plenty of Hatch-Waxman litigation experience on his résumé; however, he distinguishes himself as a top licensing and standard essential patents mind. Licensing is also the forte of Daniel Hulseberg, a transactional lawyer who performs extensive IP diligence work for a top multinational medical device and healthcare company.
Dechert LLP
Global firm Dechert is a generous source of sophisticated strategic patenting advice and a go-to for high-stakes IP litigation. Its New York office is the base of operations for a line-up of elite life sciences litigators who regularly see action in the courts, fighting on behalf of drug originators against large numbers of abbreviated new drug application (ANDA) filers. The fulcrum around which this group turns is Katherine Helm, who marshals the ensemble’s resources very effectively and gets difficult jobs done for her clients. These include Norgine B.V., a leader in the field of gastrointestinal medications, which she has been representing in Hatch-Waxman litigations, and Eli Lilly and Company, for which she recently secured an important victory regarding its blockbuster immunosuppressant antibody therapy, Taltz, in a patent infringement action brought by Genentech. Noah Leibowitz has abundant experience leading trial teams in Hatch-Waxman cases but leans into the tech practice, too; his recent highlights include representing plaintiff IOENGINE in two Delaware cases against PayPal, which has involved intensive inter partes review activity.
Fenwick & West LLP
Fenwick & West has grown enormously in the past five to six years, and though still closely tied to the West Coast tech scene in people’s minds, it can no longer be accurately or fairly described as a Silicon Valley outfit; better placed than ever to service its clients’ global needs, it is expanding rapidly in New York, has formally announced expansion plans in DC and maintains an international bureau in Shanghai. Zooming in on the Big Apple, the growing local contingent has seven representatives in the IAM Patent 1000 for 2022, the newest among them being Carl Morales, who joined from Dechert in November 2021 to bolster an already robust life sciences practice. Morales has a chemistry PhD and is a leading expert in the area of small molecule drug patents, with a focus on patent procurement, portfolio management and strategic counselling. His counterpart on the high-technology side is Daniel Brownstone, a whiz at IP value creation whose software patents expertise is a boon to patrons such as Dropbox. Compelling options for life sciences entities in need of dynamic litigation support, meanwhile, include Jeffrey Oelke, Kevin McGann, Adam Gahtan and James Trainor. Oelke’s patrons include Novo Nordisk, which he is representing in Hatch-Waxman litigation against Sandoz, as the latter seeks to market a generic version of Novo Nordisk’s blockbuster diabetes treatment, Victoza; in this, success at the claim construction hearing has eased the path forwards. He can change tack smoothly and handle high-technology cases with dexterity – a skill also possessed by McGann, a quick study on any technology and a hard-hitting trial lawyer. Gahtan is the group’s resident appellate expert. Trainor is the go-to for UCB Biopharma, which he has been representing in a Hatch-Waxman case together with Robert Counihan, a rising star of the group who debuts in the listings this year alongside Ryan Johnson. Counihan has recently partnered up with Seattle-based David Tellekson to handle one of the first PTAB challenges to the validity of a patent in the emerging gene therapy field, acting for Passage Bio. He and Johnson have also been working alongside Oelke on the Novo Nordisk matter.
Greenberg Traurig LLP
Greenberg Traurig doesn’t place special emphasis on one or two aspects of patent practice but has mastered all trades. That is partly a function of its size – there are more than 100 USPTO-registered attorneys out of a total of 225 attorneys and professionals in its IP and technology group – but also of flexible management; people here are encouraged to pursue the work they are most enthused by, which has taken the firm into many niches. Special mention must be made of its litigation capabilities, when looking at GT through a New York lens; its local contingent includes several dynamic and experienced advocates, with Scott Bornstein, Joshua Raskin, Allan Kassenoff, Rose Cordero Prey, Richard Pettus and Jonathan Ball all standing out for their special qualities. Co-chair of the global patent litigation practice, Bornstein is a natural born leader who can get trial team members pulling in the same direction and performing at their optimum. Raskin also has a talent for energising and enthusing those around him; he chairs the New York IP department and serves as vice chair of the firmwide patent litigation group. He is in his element handling complex internet, software and electrical disputes and he pitches his tone and arguments perfectly whether in district courts or the PTAB. Kassenoff, who has tried multiple cases to verdict, has an agile technical mind and is comfortably at home litigating over high-technology and pharmaceutical patents. Likewise Prey, who “knows how to both manage and present a convincing case. She organises teams well and puts everyone in a position to succeed.” Like many of her colleagues, Prey is more than just a litigator; “She provides valuable insights on how best to structure IP programmes, manage risks and grow effective portfolios.” Pettus is one of the top life sciences experts on deck and has attained great results for a litany of well-known biopharmaceutical companies, as has Ball, an organic chemistry PhD with sophisticated litigation, prosecution, counselling and transactional skills. There’s a collaborative spirit to this group which sees them frequently – and very effectively – working together; for example, Ball and Bornstein have been representing Amneal in Hatch-Waxman litigation and Raskin and Kassenoff have gone in to bat for Rakuten against IBM in a tussle over internet-related patents. The group is well integrated across offices, too; Ball and Prey are part of a team spanning New York, Los Angeles, Orange County and Boston that is supporting a biopharmaceutical company developing next-generation cellular immunotherapies for cancer and immune disorders.
King & Spalding LLP
King & Spalding has everything going for it in patent practice; stacked with talent, its professionals, based around the country, work in every conceivable technology field and collaborate effectively to protect, enforce and monetise patents. Litigation is a strong suit for the ensemble and for its New York crew, headlining which is gold-ranked Gerald Flattmann, who is celebrated as one of the best life sciences trial lawyers in the country. His high-calibre colleagues include Vanessa Yen, who has battled on behalf of many top pharmaceutical and biotechnology companies on her way to a perfect trial record; Allison Altersohn, who acquits herself with distinction for world leaders in high-technology; and Evan Diamond, who has clever strategies to win any kind of IP case.
Latham & Watkins LLP
A formidable force when it comes to patent litigation and do-or-die trials, Latham & Watkins has continued its expansion in New York and, most recently, added former Skadden lawyer Anthony Sammi to its local roster. Always impressive in his strategic prowess, oral advocacy skill and technical expertise, Sammi slots in nicely alongside Clem Naples, who maintains a similar focus on representing high-technology companies. Extremely effective in cross-examinations and all round, Naples is never someone to bet against. Latham & Watkins has two eminent life sciences litigators in the city, too, in Daniel Brown and Arlene Chow. Brown is hailed by his contemporaries as one of the best writers in the legal profession and as an experienced litigator with broad regulatory and competition law experience. Brilliant on the science and much else besides, Chow is a discerning choice for biologics cases.
Mayer Brown
The patent litigators at Mayer Brown quickly get to grips with complex technologies in all spheres of innovation and represent their clients effectively, calling the right plays in whichever forum battles are being fought. They also have a refined understanding of the interplay between court and PTAB proceedings and capitalise fully on the opportunities presented by it. Representatives of the firm in New York stay at the cutting edge of developments in the life sciences sphere and provide services that are comprehensive in scope and sophisticated in quality. Global IP co-chair Lisa Ferri is a seasoned first-chair trial lawyer with many pharmaceutical litigation successes to her name, but she also supervises mission-critical commercial IP work with aplomb and provides value-adding strategic patent landscape analysis and advice. On the contentious side, she is representing Gilead Sciences in litigation against 14 groups of defendants, making it one of the largest ongoing Hatch-Waxman cases; Gilead and Astellas, the exclusive licensee of the patents-in-suit, are seeking to protect their Lexiscan product from generic copy. Brian Nolan has similarly broad horizons and is a go-to on any number of patent issues, including deals and disputes. “Brian takes a very pragmatic approach and completely understands the business side of things; he has also committed to memory all the case precedents for the most frequently litigated pharmaceutical patent issues. Furthermore, he’s the most responsive outside counsel you could hope to work with and is highly effective at managing projects within budget constraints.” Alongside Ferri, he has secured important PTAB wins for HemoSonics, helping to protect patent claims for its first FD
Milbank LLP
Milbank’s trial lawyers are potent weapons to deploy in bet-the-company life sciences and other patent litigation. Take Christopher Gaspar, for example; he is as confident on his feet in court as anyone but has broad vision when it comes to patent strategy and comes from an engineering background. One of his clients comments, “Chris is extremely knowledgeable in the area of software and easily grasps the intricate details of our matters. He takes the time to understand our business, is very respectful of our employees’ time and is a genuine pleasure to work with. I rate him extremely highly.” Another adds, “He uses his deep litigation experience to help us in lots of ways – for example, as we evaluate IP litigation investments and negotiate associated documentation. His help is absolutely invaluable.” His recent highlights include representing Fujitsu Network Communications in defence of a patent infringement complaint filed by Capella Photonics in the Eastern District of Texas; the court dismissed all claims with prejudice. Recent developments at the firm include the retirement of Errol Taylor; now serving as a consulting partner, he continues to grace the IAM Patent 1000 rankings, as he has done since the inaugural 2012 edition. For pharmaceutical companies, he is an essential source of high-level strategic analysis.
Sidley Austin LLP
Sidley Austin is regularly instructed on the sort of cases that generate significant press coverage because of their legal or technical complexity and because of their importance not just to the parties involved but to entire industries. New York attorneys Jim Badke, Sona De and Ching-Lee Fukuda, for example, recently made headlines with a major victory for Bayer Healthcare in securing a Federal Circuit affirmance of their jury trial win against Baxalta for infringement of Bayer’s patent to blood clotting Factor VIII to treat haemophilia. The jury decision was significant for several reasons: it came after a six-day trial involving no less than 18 witnesses; at $155 million it represents the largest biotech award achieved in the District of Delaware; and the judge also ordered Baxalta to pay an additional $27 million in supplemental damages. Badke, De and Fukuda form a nigh unbeatable life sciences line-up. No amount of pressure impacts Badke and De’s sterling ability to relate to the court and explain complex issues with great clarity. Fukuda is appreciated for her combination of “legal acumen, emotional intelligence and dedication to clients”. “Ching-Lee tells you what you need to hear, not just what you want to hear, and for that reason is someone you can trust, which is critical in big-ticket patent litigation.” Also undertaking work of a high-profile nature, Sidley Austin’s technology and IP transactions group is similarly high calibre. It is co-led by Jennifer Coplan, who is a faultless choice for major media technology deals.
Venable LLP
Venable is richly resourced in patent practice, with many experienced and technically trained trial and transactions lawyers; they often combine with high-calibre colleagues in other departments such as regulatory affairs, antitrust and government contracts, to render a sophisticated service and wraparound solutions. Life sciences companies benefit immeasurably from this, and from the support of a number of top experts in New York, including litigators Dominick Conde, Ha Kung Wong, Scott Reed and William Solander and deal lawyer Alicia Russo. They each bring special qualities to the practice but work collaboratively to achieve their clients’ goals. Conde is a heavyweight trial lawyer who has led trial teams to victory on many occasions through a combination of his strategic expertise, tenacity and advocacy skill. He is currently representing Melinta Therapeutics in an ANDA litigation regarding Nexus’s proposed generic version of Melinta’s injectable Minocin antibiotic, working alongside Wong, a lawyer with broad IP horizons and strong fundamental skills and knowledge from which he derives a tactical edge. Reed, meanwhile, is acting for Bioverativ Therapeutics in a Delaware lawsuit against defendant Spectrum Pharmaceuticals (also with Wong); he co-chairs the IP litigation group and, like Conde, brings strong leadership to the practice. So, too, Solander, who co-leads the life sciences IP litigation practice. As savvy as they come, he grew up under Bob Baechtold, who was a cornerstone of Fitzpatrick Cella’s patent practice for decades prior to the combination with Venable. Russo has contributed to successful litigation campaigns, but IP due diligence and licensing is her bread and butter; she has a background in medical research and is a top expert on biologics and small-molecule pharmaceuticals. She has done big deals for Gilead Sciences and Sanofi recently. High-technology innovators are also well served by Venable, Canon being a good example; the Japanese optical, imaging and industrial products company has instructed Michael Sandonato for many years and received nothing less than a stellar service, particularly so far as complex litigation is concerned. Sandonato knows how to drive a successful strategy from start to finish but, as a courtroom veteran, also knows how to adapt. He co-chairs the IP litigation-technology group with Frank Gasparo, who brings well-rounded ability and knowledge to litigation; he has managed portfolios and counselled clients at a strategic and commercial level and is always able to set disputes in their wider context. Christopher Borello is another good name for the address book; he, too, has broad horizons in intellectual property, which serve him well in the context of litigation.
Weil Gotshal & Manges LLP
Weil maintains cutting-edge patent litigation and technology transactions practices and has deep-rooted relationships with many of the world’s top innovative companies. On the commercial side, the firm continues to respond to extraordinarily high demand for its expertise seeing licensing agreements, joint ventures, business alliances, research and development collaborations and other matters to a successful close. Right in the thick of it, Michael Epstein, Jeffrey Osterman and Charan Sandhu set the standard of excellence for a group that comprises 27 specialised lawyers in New York, Silicon Valley and Houston. Epstein, the head of the practice, has been extensively engaged by Sanofi and has recently advised it in connection with several multi-billion-dollar deals, including its acquisition of Principia Biopharma, a late-stage developer of treatments for immune-mediated disease. Similarly, Osterman has advised Eli Lilly and Company on a host of complex strategic transactions. They, together with Sandhu, have also been partnering closely with leading global private equity investor Advent International on many matters. Coming in for praise, Sandhu is endorsed for her “sound judgement, clear thinking, excellent communication and precise understanding of her clients’ needs”. “Charan has an exceptional negotiation style – she stays focused on the desired outcomes and is calm in tense scenarios with hostile counterparties. She further distinguishes herself as a leader in the legal profession with her commitment to mentoring and developing young attorneys, with a focus on diverse talent.” Weil has 40-plus attorneys to select from for high-stakes patent litigation – an area in which the outfit has an illustrious history. The most challenging life sciences, medical device, chemical and consumer products disputes land on the desk of Elizabeth Weiswasser, who co-leads the practice. She achieves great things for patrons such as Regeneron, which she recently represented in an ITC case in which Novartis sought to prevent Regeneron from selling its most important drug product, Eylea, in the United States; Novartis fully withdrew its patent infringement case in a rare concession of victory by an ITC complainant, which occurred just two weeks before trial. Alongside her on this was Anish Desai, a “smart attorney who is excellent at simplifying technical detail for judges and juries and great on his feet”.
White & Case LLP
White & Case has added important assets in New York recently, bringing on board two highly respected former Quinn Emanuel partners, Peter Armenio and Colleen Tracy James in July and October 2021, respectively. Their arrival beefs up an already outstanding life sciences – and all-round – patent litigation practice, headlined by Dimitrios Drivas and staffed with a host of other savvy trial lawyers, including Scott Weingaertner, Alison Hanstead and Raj Gandesha. Drivas has provided devoted support to innovative companies of all kinds as they take on their toughest challenges and face their most pressing threats and has performed at the highest level for decades. Weingaertner makes the most of his refined advocacy and strategic counselling skills and is a repository of trust for top life sciences and high-technology companies alike. Hanstead has a deep knowledge of the pharmaceutical sector, which she has cultivated through engagement in extensive Hatch-Waxman litigation and deal work. Gandesha demonstrates impressive range, too, and takes on diverse IP, antitrust and commercial cases while also advising on data issues. White & Case is a go-to for deals, as well as disputes, with its global technology transactions practice captained superbly by Arlene Arin Hahn. A dynamo for her clients, Hahn is also a diversity and inclusion champion within her firm and beyond its walls. She also has professional experience in Asia, as does Erin Hanson, a vital cog in the outfit’s technology transactions, M&A and IP groups.
Wilmer Cutler Pickering Hale and Dorr LLP
WilmerHale has more than 60 USPTO-registered lawyers and agents and is highly adept in all forms of practice before the patent office. Special mention in this regard must go to its post-grant proceedings capability – WilmerHale has one of the best inter partes review institution rates in the country – though its filing of more than 1,100 patent applications in 2020 is no less impressive. Capitalising on such strong foundations, the firm consistently remains at the top of the totem pole when it comes to patent litigation and trials, which is the primary focus of New York attorneys Robert Gunther, Christopher Noyes, Omar Khan and David Bassett, who have many decades of experience litigating bet-the-company suits particularly in, though not limited to, the life sciences industry. Gunther and Noyes recently linked up to represent Memorial Sloan Kettering in a matter against Errant Gene Therapeutics (EGT) in the Commercial Division of the New York State Supreme Court and the First Department Appellate Division, in which EGT claimed breach of contract, fraudulent misrepresentation and civil conspiracy to defraud arising out of its licensing of a patented gene therapy for a rare blood disorder developed by Sloan Kettering; the matter settled during trial. They and Khan also represented Roche Molecular Systems and Roche Sequencing Systems, in which Illumina challenged the current version of Roche’s Harmony prenatal test. Khan debuts in the IAM Patent 1000 this year and is hailed as a “practical and strategic litigator who pays attention to his clients’ goals” and is “smart, experienced and easy to work with”. Meanwhile Bassett, together with colleagues in Boston, has been representing Gilead Sciences in litigation against the US Government involving patents that the Centers for Disease Control and Prevention has asserted against two of Gilead’s HIV medications – one of the first cases in which the government has asserted its patents against a private company.
Allen & Overy LLP
Allen & Overy’s US IP practice has taken huge strides recently, causing the entire market to sit up and take notice of it as a serious player in the tech space. Most recently, in February 2022 it announced the signing of five former Goodwin Procter partners, among them veteran leader Elizabeth Holland, who has fought the corner of top pharmaceutical companies for more than three decades. Going back to August 2021, it added eight partners from White & Case, including lawyers in California – where it opened new offices in Silicon Valley and San Francisco – Washington DC and New York. Among the new arrivals is New York-based Adam Chernichaw, a technology transactions star with a rich knowledge of the fintech space; he recently advised mobile payments company Square on the founding of the Cryptocurrency Open Patent Alliance, formed to empower the adoption and advancement of cryptocurrency technologies. Other exciting developments for the firm include the May 2021 partner promotion of Keren Livneh, a rising star of the IP transactions scene, who is making her mark thanks to sterling work on major matters such as the establishment of the Diem Association, which is a groundbreaking development in the blockchain industry. Another dynamic play made by the outfit was the hire of life sciences expert Sapna Palla, who joined from Wiggin and Dana in July 2021. Palla makes her debut in the IAM Patent 1000 for 2022 in recognition of the sophistication of her litigation and counselling skills and global patent law knowledge. Litigator Paul Keller has had a hand in a lot of these developments and has played a key role in pushing Allen & Overy forward since coming on board in 2020. He garners glowing reviews as a “practical and business-savvy lawyer with a talent for taking complex concepts and making them simple and giving strategic advice tailored to clients’ needs”. “Paul is extremely well prepared and achieves great things for a reasonable spend.”
Alston & Bird LLP
Steeped in prosecution and litigation, Alston & Bird is well placed to provide total patent care. Another defining feature is the depth of its litigation bench; the firm has seasoned advocates in its New York, DC, Charlotte, Atlanta and Los Angeles offices, all of whom are capable of leading trial teams down victory lane. Anchoring the practice in New York – and co-leading the firmwide IP litigation group – is Natalie Clayton, who flexes deep domain expertise in the life sciences, but can take on any technically dense case in any forum with justified confidence. She recently played a key role on a cross-office team representing Ford against the Massachusetts Institute of Technology (MIT) and licensee Ethanol Boosting Systems, regarding alleged patent infringement by Ford’s EcoBoost engines; this dispute spanned two lawsuits, a related appeal and multiple PTAB proceedings; in the district court, judgment of non-infringement was entered in Ford’s favour, while at the PTAB, the challenged claims in three MIT patents were found invalid.
Brown Rudnick LLP
Brown Rudnick earns expanded coverage in the IAM Patent 1000 for 2022 and makes its first appearance in the New York firm listings. It bolstered its local offering and significantly enhanced its US technology and global life sciences groups by hiring Ian DiBernardo and Jason Sobel, who joined in March 2021 having previously worked together for over two decades at Stroock & Stroock & Lavan. A seasoned advocate capable of taking on any type of IP case, DiBernardo serves as chair of the IP litigation group. It is his versatility that stands out though; he undertakes transactional work with aplomb and is especially sought after by private equity funds and hedge funds investing in patents; he also knows how to build valuable and resilient patent portfolios – something he is doing for the Memorial Sloan Kettering Cancer Center, a client which he originally came into contact with across the negotiation table on a licensing matter and which was working with another outfit on patent procurement but switched to him in search of greater success – which he has delivered. Another litigator with many transferable patent skills, Sobel is taking the lead on prosecution and counselling for certain divisions of Mitsubishi Chemical Holdings America. He and DiBernardo play well off each other; for example, after Sobel won a bet-the-company case for Richards Manufacturing, DiBernardo then took the baton to design a powerful patent portfolio for the company.
Fish & Richardson
Celebrated boutique Fish & Richardson maintains a well-rounded patent group in New York and has multiple representatives on both the prosecution and litigation lists. Focusing on the non-contentious side first, Tony Zhang is a name for life sciences and materials innovators to keep on speed dial. “Tony is incredibly resourceful in addressing difficult issues, is on top of deadlines and extremely responsive. He has a rich knowledge not just of US legislation but of patent law in major markets throughout the world, which elevates his advice on strategy.” He has a a PhD (chemistry) as does Jack Brennan (genetics), who also acquits himself with distinction when handling prosecution and diligence assignments. Samuel Borodach takes the lead on similar tasks, with his sights set on software and semiconductors, among other technologies. Among the top litigators on deck are Michael Zoppo and Edmond Bannon, who both garner vocal praise: one source refers to Zoppo as “my most trusted adviser”, saying, “He is adept at explaining complex patent (and other IP) litigation issues in plain language which is easy for executive leadership to understand, and isn’t afraid to push back on his clients where necessary – something he does with great diplomacy. He has an uncanny ability to identify, assess and articulate legal risk related to patents, trade secrets and licence agreements and, furthermore, is collaborative, relationship-focused, thoughtful and responsive.” “Ed is an extremely accomplished patent litigator and a true business partner, who understands your goals and objectives as they relate to a case and more broadly. Extremely well prepared, he knows every detail of his cases and is always thinking ahead. His affable personality and superior communication skills are also a big plus.” The local team benefits from the strong leadership of managing principal Michael Autuoro; he bridges different sides of the practice, given his appealing blend of advocacy, IP monetisation and risk-counselling skills.
Haug Partners LLP
Haug Partners reached 25 years in 2022, but any celebrations will likely be low key; it looks forward, not backwards, to help innovators as they face down evolving threats and capitalise on new opportunities. Clients experience this in the form of strategic advice and litigation approaches designed to achieve their business goals. The firm draws great strength from the collective experience and quality of its team, which includes top litigators Edgar Haug, Porter Fleming and Brian Slater. Haug sees cases through from start to successful finish, using his Federal Circuit expertise for the purpose. He educates widely on the subject of trial advocacy, about which he has unique insights, and practises what he preaches. Fleming appreciates the essentiality of strong leadership, which he gives, and teamwork, which he promotes, to litigation success. Slater takes the reins of the life sciences practice and has many big-ticket pharmaceutical wins to his name.
Hughes Hubbard & Reed LLP
Hughes Hubbard & Reed might not have the name recognition of some of its peers, but its patent litigation practice is an illustrious one; James Dabney and his colleagues have earned precedent-setting victories, such as the TC Heartland decision that put the brakes on forum shopping in patent infringement cases. Dabney, a professor of patent law, is a veteran lead counsel and master tactician who continues to be on the frontlines of important disputes. His current representations include acting for Squarespace, which has been sued for patent infringement by DataCloud Technologies; his defence theory prompted the plaintiff to retract certain allegations and has the potential to significantly impact software patenting. He also continues to represent TC Heartland in litigation against a rival manufacturer and seller of liquid water enhancer products, DreamPak. Not a one-man show, Hughes Hubbard is also graced by the presence of Patrice Jean, who chairs the life sciences group. Sources “cannot say enough about how thoughtful and innovative her approach is. She understands the entire picture of risk a business may face and is an invaluable adviser from a general counsel’s perspective – she’s also the one you want by your side when it’s crunch time.”
Hunton Andrews Kurth LLP
In patent practice, Hunton Andrews Kurth covers all the bases for clients and, with former USPTO examiners, ex in-house counsel, scientists and engineers in its attorney ranks, can dissect, understand and resolve their issues from any angle. Anchoring the practice in New York, Gary Abelev is an integral part of the outfit’s success story in prosecution and litigation. He represents multiple top universities in prosecution and transactions, working across diverse technology fields.
Jones Day
Jones Day is one of a small number of outfits recommended in the IAM Patent 1000 in multiple US states, European countries and Asian jurisdictions; it presents a compelling option for those seeking global support. Its New York office is important in the context of the ensemble’s life sciences practice, being the base of operations for Adriane Antler and John Normile, who have many decades of experience between them. Antler has multiple strings to her bow and is adept in prosecution, portfolio management, US post-grant proceedings, European oppositions and deal negotiations. Normile is as savvy as they come in Hatch-Waxman litigation.
Katten Muchin Rosenman LLP
Serving as IP chair and patent litigation co-chair, respectively, Deepro Mukerjee and Lance Soderstrom power Katten into the IAM Patent 1000 New York rankings this year. “They are in every sense deeply skilled IP – and general – litigators and hands down the most efficient, reliable and responsive counsel you could hope to work with. They value relationships deeply and constantly put themselves in the shoes of the client, which makes all the difference; they proactively spot issues, think outside the box, present solutions and produce results time and again – invalidating weak patents, prevailing on strong non-infringement defences, obtaining highly favourable settlements and clearing legal paths. They are both excellent leaders who get the best out of the strong and talented team around them.” With them at the pivot, Katten has become a go-to for many of the world’s top generic drug companies; often taking on multiple cases concurrently for each patron, the team sizes up the patent landscape and considers all avenues of challenge, making all the right strategic calls to drive optimal outcomes.
Leason Ellis LLP
Superbly well-rounded in patent practice, Westchester boutique Leason Ellis garners excellent reviews. A portfolio management client comments: “The firm keeps us immediately informed of the progress of our matters and ensures that we don’t lose track of things at our end, which enables us to have informed internal discussions and keep our portfolio in excellent shape. We have transferred all our work to the firm because it provides total solutions and saves our time and money.” Another source, one who has instructed the outfit on prosecution, litigation and licensing, adds, “The professionals at Leason Ellis never contort anything with a view to just telling clients what they want to hear, but develop strategies to resolve problems, with a focus on the sustainability of business.” Achieving this, life sciences chair Elizabeth Barnhard and China practice lead Susie Cheng are vital names in the contact book for pharmaceutical and biotechnology companies. “Elizabeth is an excellent project manager and a great strategist when it comes to securing patent protection internationally and expanding portfolios.” “Susie finds economical solutions which are based on a comprehensive understanding of technology, law and business and which directly meet commercial needs.” Michael Davitz is another eminent pharmaceutical-focused attorney; he is a physician with huge scientific research experience, who is highly sought after for expert opinions, global support on prosecution and oppositions, deal work and much more. Recommended alongside them on the prosecution table are David Leason, Edward Ellis and Matthew Kaufman. Best described as far-sighted strategists, Leason and Ellis provide strong leadership to the ensemble, the former as managing partner and the latter as chair of the patent practice; they offer tailored support to each of their patrons, who get the benefit of their creativity, tenacity and commerciality. Kaufman stays in peak condition for drafting and filing briefs but is much more than a prosecutor; for example, he engages in high-level enforcement work and is frequently an integral member of litigation teams, much to the benefit of Robert Isackson, Melvin Garner and Yuval Marcus, who anchor the contentious practice. “Rob delivers an outstanding service, key to which is his understanding of both business and technology. He provides direct advice that is hugely valuable from a strategic perspective.” Recently he prepared an amicus curiae brief to the Federal Circuit on behalf of the Intellectual Property Owners Association on the issue of assignor estoppel, working alongside Garner – and Kaufman – on the matter. Garner is tremendously versatile and an engine of both the prosecution and litigation groups; he also chairs the Japan practice. Captain of the litigation department, Marcus is poised in the courtroom but also highly effective in resolving disputes without recourse to costly proceedings.
O'Melveny & Myers LLP
Admired for its dynamism in intellectual property, O’Melveny & Myers vigorously represents top innovators in urgent patent litigations threatening their core technologies and business and is consistently successful in doing so. Life sciences companies make a beeline for the outfit, seeking to enlist the services of Lisa Pensabene, who headlines the practice in New York. “Lisa is a true innovator and a role model for everyone in the field of IP litigation. She leads with strength and passion in the law and in the field of diversity, equity and inclusion. She has deep scientific and patent law knowledge but her X factor is her personability and great presentation skills that make her a force to be reckoned with in and outside the courtroom.” Cementing a trial victory, she recently won an appeal on behalf of Onyx Therapeutics in litigation involving the multiple myeloma cancer drug Kyprolis. With her on this, Hassen Sayeed is another partner who can be relied on completely. He has a medical degree and a technical fluency that enables him to get to the heart of the issues in his cases quickly and efficiently.
Pearl Cohen Zedek Latzer Baratz
Pearl Cohen gains expanded coverage in the IAM Patent 1000 this year and has several new individuals in the listings – including representatives on both the prosecution and litigation tables – to better reflect the firm’s impressive depth, versatility and coverage of special interest topics. Recommended for their strategic IP planning and portfolio development expertise, Caleb Pollack and Brenda Flockhart-Shanks link up to provide a sterling service to prestigious companies such as Morgan Stanley. Pollack is a former USPTO examiner whose private practice experience encompasses all aspects of patent litigation, prosecution and licensing, which grants him excellent problem-solving skills. Flockhart-Shanks has carved out a reputation as a go-to for complex software and AI matters and is a sought-after opinion giver. David Loewenstein takes up his place on the litigation table in recognition of his quality and the role he has played in growing the outfit’s contentious practice. He and Guy Yonay are excellent at addressing standard essential patents issues and other complex aspects of cases and are currently defending Telit at the ITC and in the District of Delaware from allegations made by Philips regarding infringement of 3G and 4G wireless SEPs. Yonay makes his return to the rankings alongside senior partners Zeev Pearl and Mark Cohen, two multi-talented lawyers endorsed for their prosecution and transactional proficiency. Pearl chairs the science, technology, engineering and mathematics practice and is a key relationship partner for Morgan Stanley, NICE, a global leader in cloud solutions and software company Emerson Paradigm; more than a prosecutor and deal lawyer, he also adds huge value through his involvement in litigation at the strategic level. Cohen is a genius when it comes to life sciences and is in demand among many top academic institutions – UCLA, for example – and private companies.
Perkins Coie LLP
One of the top patent litigation practices in the nation, Perkins Coie takes advantage of its deep technical bench to seamlessly handle complex cases in all technology domains and all forums. The firm maintains a strong presence in New York courtesy of Gene Lee and William McCabe, who have several decades of experience between them. Lee is a fount of insight and analysis on patent law and has a fine-grained understanding of where it has been and where it is heading; a lot of his knowledge in this regard stems from his extensive engagement in post-grant proceedings, alongside district court and ITC litigation. He serves a global clientele, including many companies from Asia, as does McCabe, a go-to lawyer for anything communications related.
Proskauer Rose LLP
Proskauer Rose addresses the most complex patent matters with the full weight of its US and global resources, deep technical expertise and comprehensive contentious and non-contentious skill set; wherever any type of support is needed, it provides generously. A ton of deal work has kept the group busy in the recent period; technology transactions doyenne Daryn Grossman has helped her life sciences clients create the key connections that will fuel their innovation and business for years to come. For example, she is acting for Grifols in connection with a strategic collaboration with ImmunoTek Bio for the development, construction and operation of plasma collection centres across the United States – a move that is expected to accelerate Grifols’s US expansion. Also helping to keep the ensemble’s life sciences practice in a healthy groove is Baldassare Vinti, a litigator and commercial IP lawyer who is representing a biotechnology company in Israeli litigation involving a patent licence. Vinti was recently elevated to chair of the IP litigation group and is a dynamic lawyer who knows how to create and deliver a compelling narrative around complex technologies of all kinds; he has a talent for putting the right trial teams together and getting the best out of them.
Robins Kaplan LLP
Utilising a risk-sharing approach in complex litigation, Robins Kaplan backs itself to win complex IP and technology disputes, deriving confidence from its excellent track record and the quality and experience of its top advocates. One of those is “pre-eminent life sciences trial lawyer” Oren Langer, who serves on the firm’s executive board and as managing and hiring partner of the New York office. “Oren thinks through the issues thoroughly and is always two steps ahead of opposing counsel. He manages teams efficiently and his cases are always on budget; he’s cost conscious but unwavering in his focus on delivering his patrons a win, however they define it. He understands the business imperative and always has his clients’ best interests in mind.” Other vital contacts in New York include Elizabeth Gardner, who works across many different technology fields with dexterity and is a master at handling multi-jurisdictional cases, and Bryan Vogel, an ITC ace with global IP experience and knowledge.
Ropes & Gray LLP
In the technology world there is a lot of prestige attached to the name Ropes & Gray. Tried and tested in complex litigation and big-money deals, the practice has many attractive assets that keep it at the cutting edge, including, but not limited to, outstanding trial and post-grant capabilities; a high degree of specialisation in ITC cases; strong life sciences industry expertise; and global resources. Zooming in on the New York office brings into view a high-calibre line-up of litigators that covers all technology/sector bases. Taking the reins and giving the life sciences IP litigation practice strong leadership is Filko Prugo, who is known for his strategic perspicacity, creative thinking and first-chair trial lawyer skills. Regularly enlisted for business-critical cases, he represented ArcherDX and Genosity in two patent litigations filed by Natera that implicated almost every product in ArcherDX’s portfolio. Steven Pepe and Kevin Post, meanwhile, focus on high-technology disputes and have continued to provide sterling representation to a Godo Kaisha IP Bridge in several matters, some involving complex standard essential patent issues and late-stage takeover from prior counsel. They work well as a team and with colleagues in the firm’s California, DC and Massachusetts offices and are integral to the seamless performance of Ropes & Gray’s potent national group. Violetta Kokolus anchors the transactional practice in New York; she has international in-house counsel experience, which enables closer alignment with clients at a business level and enhanced strategic and commercial opportunity spotting.
Shearman & Sterling LLP
Successfully positioning itself as a business as much as a legal partner to its clientele, Shearman & Sterling’s IP team pursues strategies that advance commercial objectives, whether litigating a consequential case or sewing up a big deal – both frequent occurrences invariably resulting in major successes. There is no doubt about the technical prowess on offer either; there are diverse science and engineering backgrounds among the attorneys here, though software and electronics should be noted as fortes for the group. Giving clients a strong one-two punch in litigation, IP litigation head Mark Hannemann and Thomas Makin both provide strong leadership. To give a sampling of their work, they have undertaken extensive representation for leading LED manufacturers Nichia and OSRAM, and recently successfully defended them in an ITC litigation filed by Lighting Science Group; they have also been acting for Volkswagen Group of America. Among the keys to their success are great attention to detail, creative thinking and refined advocacy skill. The fulcrum around which the transactions practice turns, meanwhile, is Jordan Altman, a seasoned corporate lawyer with a strong IP and technology focus. He has added many highlights to his résumé recently – for example, advising Boston Scientific in the $800 million divestiture of its BTG Specialty Pharmaceuticals business to Stark International; acting for Texas Instruments in its $900 million acquisition from Micron Technology of substantially all the assets related to the operation of a semiconductor factory; and representing Hitachi in its acquisition of GlobalLogic for an agreed enterprise value of $9.5 billion. All three lawyers mentor and utilise their associates extremely well; Patrick Colsher and Eric Lucas have provided vital support in litigation, as has JB Betker on the transactions side.
Skadden Arps Slate Meagher & Flom LLP
Successfully positioning itself as a business as much as a legal partner to its clientele, Shearman & Sterling’s IP team pursues strategies that advance commercial objectives, whether litigating a consequential case or sewing up a big deal – both frequent occurrences invariably resulting in major successes. There is no doubt about the technical prowess on offer either; there are diverse science and engineering backgrounds among the attorneys here, though software and electronics should be noted as fortes for the group. Providing clients with strong support in litigation is Thomas Makin, who has great leadership qualities. To give a sampling of his work, he has undertaken extensive representation for leading LED manufacturers Nichia and OSRAM, and recently successfully defended them in an ITC litigation filed by Lighting Science Group; he has also been acting for Volkswagen Group of America. Among the keys to his success are great attention to detail, creative thinking and refined advocacy skill. The fulcrum around which the transactions practice turns, meanwhile, is Jordan Altman, a seasoned corporate lawyer with a strong IP and technology focus. He has added many highlights to his résumé recently – for example, advising Boston Scientific in the $800 million divestiture of its BTG Specialty Pharmaceuticals business to Stark International; acting for Texas Instruments in its $900 million acquisition from Micron Technology of substantially all the assets related to the operation of a semiconductor factory; and representing Hitachi in its acquisition of GlobalLogic for an agreed enterprise value of $9.5 billion. All three lawyers mentor and utilise their associates extremely well; Patrick Colsher and Eric Lucas have provided vital support in litigation, as has JB Betker on the transactions side.
Steptoe & Johnson LLP
Steptoe & Johnson has a deep commitment to excellence in intellectual property and a nationwide patent practice stacked with experienced portfolio managers, litigators and deal lawyers. In New York it has a concentration of life sciences talent and can provide full product lifecycle support to pharmaceutical and biotechnology companies. A master in the art of global patent prosecution, Ying Li has an immunology PhD and is brilliant on the technical and strategic aspects of her craft. John Molenda (another PhD) and Vishal Gupta have what it takes to prevail in the toughest litigations. Molenda should be further noted for his appellate expertise, and Gupta for his patent commercialisation know-how.
Sullivan & Cromwell LLP
Sullivan & Cromwell’s IP and technology professionals make it their mission to understand their clients’ business objectives and are exceptionally commercial in their approach; on top of that, they have some of the most refined lawyering skills – all of which adds up to excellent results that directly satisfy need. It is more impressive that these are achieved in complex life-and-death litigations and landscape-altering deals – when the pressure is on, individuals such as Garrard Beeney rise to the occasion. The centrepiece of the practice, Beeney is celebrated for his trial nous, negotiating and deal-making skill, deep substantive expertise, market knowledge and all-round strategic perspicacity. He drew on all of this in a recent work highlight, representing 15 leading universities in obtaining a favourable business review from the Antitrust Division of the US Department of Justice in connection with the University Technology Licensing Program, a first-of-its-kind patent pool of non-standard essential patents. With him on this were Dustin Guzior and Laurie Stempler, two talented litigators who are now entering prime time. Increasingly leading on matters, IP litigation co-head Guzior recently represented Ocado Group in multiple patent infringement proceedings and in antitrust litigation; this has involved an ITC proceeding in which an evidentiary hearing recently took place and at which 19 witnesses testified from around the world. At Sullivan & Cromwell there is significant crossover between different practice groups, such as intellectual property and technology and M&A, giving the firm an advantage on multifaceted matters. An M&A lawyer with an IP emphasis, Mehdi Ansari is the driving force on many high-value deals. He recently represented Tiffany & Co in its sale to LVMH. Special counsel John Evangelakos must be highlighted, too, for his veteran presence and superb deal record.
Winston & Strawn LLP
In high-exposure patent trials Winston & Strawn’s lawyers have the measure of their opponents no matter how crafty their game; they also have “an excellent sense of what works well in front of a jury”. These attributes translate into an outstanding record of success, which compels industry-leading technology companies to instruct the firm time and again in a virtuous circle that sharpens the team’s strategic insight and builds their experience. On the frontlines of the practice is Krishnan Padmanabhan, a go-to for big-ticket disputes over communications, networking, semiconductor and other technologies. “Krishnan knows the business of his clients well and does a great job navigating their internal systems, working with their engineers, formulating strategies for complex cases and overseeing their execution. He’s highly practical, works well with others, is incredibly responsive and delivers great expertise at great value.”
Other recommended experts
David Barr is “deeply knowledgeable about the issues in complex cases and is extremely thorough in his work and analysis, which he completes in good time and within budget. He is very accessible and provides relevant advice beyond the scope of the projects he is retained for.” The former Arnold & Porter partner recently joined Stroock & Stroock & Lavan. Karen Bromberg maintains a dynamic commercial IP practice and engages in extensive transactional work through which she has developed a keen business sense. She chairs the IP practice at Cohen & Gresser. Orrick has an excellent reputation in the technology world, much credit for which goes to the sterling patent litigation efforts of trial lawyer Joseph Calvaruso and appellate ace Joshua Rosenkranz, who headline the boutique’s IP team in New York. For biopharmaceutical companies seeking support around product launches, there are few if any better partnering options than Robert Cerwinski, who brings enlightened strategic thinking to any engagement. He previously established Goodwin Procter’s top biosimilars practice but now runs Gemini Law. Alan Clement supports clients in many meaningful ways, being a wise counsellor, experienced litigator and a prosecution and licensing expert. Hatch-Waxman litigation is central to his practice at Locke Lord, whose IP department he chairs. Novugen Pharmaceuticals and Zydus Pharmaceuticals are two companies he has recently represented. One of the top patent drafting and prosecution lawyers at Locke Lord, Peter Fill does outstanding quality work for a top European communications and technology company in connection with over 1,000 US and foreign patent applications; he is also called on for invalidity and non-infringement opinions. Recently making the move from Shearman & Sterling, Mark Hannemann is a veteran litigator with over 25 years of experience in managing high-stake disputes. OSRAM, Robert Bosch and Volkswagen are just some of the multi-national companies that turn to him for contentious support. Jay Deshmukh is a repository of trust for generic drug makers, who he serves as a litigator and as a strategic and regulatory counsellor. He is a former senior vice president of global IP at Ranbaxy Laboratories and has an insider’s knowledge of the pharmaceutical industry, which is of immense benefit to his clientele at Kasowitz Benson Torres. In the litigation context, he develops aggressive and innovative legal strategies to get results and runs cases efficiently. Cooley’s patent prosecution and counselling practice is impressive in size and global in scope – and benefits hugely from the leadership of Ivor Elrifi, a forward-thinking attorney who positions his clients in strategically advantageous ways in view of the latest emerging industry trends and developments. He’s a premier choice for US and European life sciences companies. John Flock has an excellent reputation, which he established during his long tenure at Kenyon & Kenyon; he now runs a solo practice under his own name. A worldly wise lawyer who has litigated at the highest level for many years, he plays a broad role for his patrons, which is focused on the achievement of business objectives whether in litigation or licensing – or through the creation of positive IP cultures. Armstrong Teasdale is on the march: it has opened no fewer than eight offices in the past three years – seven in the United States and one in London – and made a number of significant lateral hires. Anchoring the practice in New York, one of its new locations, are Michael Gnibus and Francisco Villegas, both of whom joined in 2019. In his prosecution and counselling role, former in-house counsel Gnibus partners closely with his clients at a technical, strategic and commercial level. Villegas supplies litigation skills and transactional nous, enabling the local group to service all patent needs. Freshfields partner Adam Golden is a seasoned M&A and IP transactions lawyer who has done just about every type of life sciences deal imaginable. Maynard Cooper’s Chris Harnett has tried diverse patent and trade secret cases and is a quick study on all kinds of technology. He knows how to drive business-aligned litigation outcomes. David Hecht and his colleagues at Hecht Partners are recommended for their commercial nous; patrons cite the firm as being integral to their business success. “David immediately grasps the complexity of matters at every level and is quick to recognise a portfolio’s value and strength. When it comes to litigation, he effortlessly stays on top of every crucial detail and manages complex parallel tasks, all while demonstrating superb strategic thinking.” “Khue Hoang has a deep understanding of complex technology issues and is excellent in preparing cases for trial – she’s very thorough and good at anticipating counter-arguments. She’s great with people and always available to her clients.” She serves as the co-managing partner of Reichman Jorgensen Lehman & Feldberg’s New York office and is a technically adept litigator. Pryor Cashman transactional lawyer Jeffrey Johnson is a popular port of call for entrepreneurial companies in all kinds of sectors; dynamic players in the life sciences, entertainment, cannabis and communications fields call on him to realise greater value from their IP investment. High-powered litigation outfit Akin Gump has a sizeable set of high-calibre trial lawyers on its roster, including many leaders who can spur teams to victory whatever the odds. One of those is Michael Kahn, who acquits himself with equal distinction in life sciences and high-technology disputes. Recently he has been representing Boston Scientific in a patent infringement and trade secret misappropriation case against Nevro, a competitor in the field of spinal cord stimulation. In terms of results, he scored a significant win for Sorensen Communications at the Federal Circuit in nine consolidated patent appeals concerning patents directed to telecommunications for the deaf or hard of hearing. This case was filed in 2013 by Ultratec, which won $44.1 million in damages – a result that prompted the filing of inter partes review proceedings and a switch in representation for Sorensen to Akin Gump; the example speaks to Kahn and his boutique’s ability to turn around adverse decisions and stay the course. Potomac Law Group partner Michael Lennon accomplishes great things for technology patrons in his capacity as a litigator and deal lawyer. Experience is one of his best assets; he has been in the practice for decades, served as trial counsel on many occasions and, throughout his career, cultivated cutting-edge licensing expertise. His partner Pablo Hendler has similarly broad vision, being an inventor and litigator. He is at his best handling complex pharmaceutical cases. Simpson Thacher’s Lori Lesser is one of the top IP and technology-focused corporate lawyers in New York. Best known as a deal lawyer, she also provides well-rounded strategic IP counsel. Jeffrey Lewis demonstrates rare versatility as a patent and trademark lawyer with extremely well-developed litigation, counselling and transactional skills. He is best known for his proficiency as a trial lawyer and ability to take on – and win – the most challenging life sciences disputes. He is a partner in Foley Hoag’s IP litigation practice. “A hands-on partner who’s excellent with clients” and a litigator who “understands the commercial significance of his cases”, Thomas Meloro is a popular lawyer based at Willkie Farr & Gallagher. Possessing sound judgement and refined advocacy skill, he figures out the solutions to complex problems and knows how to present them engagingly in court. One of his recent newsworthy wins came on behalf of Hospira, in a case concerning its formulation of epinephrine against Belcher Pharmaceuticals; at trial in 2019 the district court ruled in favour of Hospira on non-infringement and invalidity of Belcher’s patent – and found it unenforceable due to the inequitable conduct of the company’s chief scientific officer during the prosecution of the patent – in a decision that was upheld by the Federal Circuit in September 2021. Providing full support throughout the product and patent lifecycle, Michael Mercanti is an invaluable contact for pharmaceutical and biotechnology companies. The Lucas & Mercanti founder understands how to shape portfolios to gain competitive business advantages. FisherBroyles partner Michael Murray has devoted his career to intellectual property and has decades of experience, starting from his time as a USPTO patent examiner. An adept counsellor, he is best known for his litigation skills, which he sharpened to a fine point during his time at Winston & Strawn. Vinson & Elkins benefits hugely from the leadership of Hilary Preston on the firmwide management, diversity and women’s initiative fronts. She also takes charge of the IP and technology litigation practice, within which she maintains a diverse practice; her recent workload has featured extensive patent litigation, including cases relating to energy storage technology, in which she has represented Maxell Holdings, and trade secret litigation relating to baseball pitching signs, in which she has represented the Houston Astros. David Radulescu runs an agile and hard-hitting patent litigation boutique under his own name. He is a leading expert on issues at the intersection of law, business and technology – and a compelling presenter in court. Harry Rubin chairs the technology and IP transactions practice at Kramer Levin. When it comes to cross-border IP-driven deal making, he has significantly more experience than most. Like many of the lawyers at Susman Godfrey, Arun Subramanian is not confined to just one area of litigation; he has advanced advocacy skills and the ability to wield them effectively in virtually any type of case. Carter De Luca partner Clifford Ulrich is a top expert when it comes to post-grant proceedings and a go-to for counselling and patent analysis. He has a deep understanding of matters at the technical and strategic level. Loeb & Loeb has expanded its patent practice recently, hiring Brent Babcock in Los Angeles to lead its PTAB trials group. Meanwhile, the ensemble has been in a good groove in New York, thanks to patent litigation and counselling chair Mark Waddell, a life sciences buff who provides staunch representation to pharmaceutical originators in Hatch-Waxman cases. Operating at a strategic level, he also partners closely with in-house counsel to advise on the patent aspects of business development and research and development projects. “Brilliant on the business side of IP”, Charles Weiss of Holland & Knight is the ultimate pathfinder for pharmaceutical and biotechnology companies, given his blend of sophisticated trial and transactional skills. On the deal side, he recently advised Memorial Sloan Kettering Cancer Center as it partnered with its scientific collaborator Eureka Therapeutics in a transaction with pharmaceutical company Sanofi on a licence for a novel biopharmaceutical to treat the blood cancer multiple myeloma – an agreement potentially worth over $1 billion. Cozen O’Connor’s patent prosecution co-chair Edward Weisz debuts in the IAM Patent 1000 this year. “He’s unsurpassed in his attention to detail, technological understanding and prosecution skills.”
Recommended individuals: litigation
Gold tier
Silver tier
Bronze tier
Individuals: prosecution
Individuals: transactions
