Intellectual Property Litigation

iplitigation
For over 130 years, our global intellectual property team has worked hand-in-hand with clients to successfully resolve their most complex high-stakes intellectual property disputes.

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“In patent litigation, they offer focus on key issues and proper staffing (not over staffed, and the right level personnel on the right issues for their level). On transactions, they have an understanding of business needs and creative solutions.” Managing IP
"They're very strategic, knowledgeable, flexible for our needs and very willing to roll up their sleeves. A really fantastic group." IP Client, Chambers USA
“Thorough, professional and efficient, Ropes & Gray knows what it takes to win at trial and boasts the experience, resources and technical prowess to take on the most complex cases.” IAM Patent 1000

Overview

Business leaders regularly trust Ropes & Gray to handle their mission-critical intellectual property matters. For more than 130 years, our IP litigation practice group has succeeded in protecting and enforcing our clients’ interests in high-stakes litigation. We represent both IP owners and accused infringers at the trial and appellate levels in every key patent litigation court in the United States, including the Eastern District of Texas, the Northern, Central and Southern Districts of California, the District of Delaware, and the Southern and Eastern Districts of New York. We also litigate disputes before the U.S. Patent and Trademark Office, U.S. International Trade Commission (ITC), U.S. Court of Appeals for the Federal Circuit, and tribunals around the world. With IP litigation attorneys in six U.S. offices as well as in Japan and South Korea, we are able to work efficiently with clients worldwide to devise strategic solutions that meet their business objectives.

Ropes & Gray serves clients in all areas of intellectual property law, including:

Technical Depth, Industry Breadth

Ropes & Gray’s IP litigation team consists of more than 75 attorneys and technical advisors working across offices and regions to defend and enforce our clients’ interests in patent and IP litigation. Many of our attorneys and technical advisors hold degrees in science and engineering disciplines such as electrical engineering, computer science, pharmacology, biochemistry, molecular and cellular biology, neurobiology, chemical engineering, and aerospace engineering.

Our litigation teams pair a thorough understanding of complex technologies with a mastery of the nuances of patent and IP law to represent clients across a wide spectrum of industries, including electronics, semiconductors, software, pharmaceuticals and biologics, financial services, internet and e-commerce, telecommunications, and medical devices. Many of our attorneys worked in these industries prior to joining Ropes & Gray, giving them real-world insight into the issues clients face.

A Leader in the Field

Ropes & Gray’s IP litigation trial team is consistently recognized as a leader by national and global sources, including Chambers USA, Chambers Asia, Chambers Global, Benchmark Litigation, The Legal 500, International Asset Management (IAM) and Managing IP. We were named the 2017 “Law Firm of the Year” for patent law by U.S. News & World Report-Best Lawyers, and recognized nationally by the magazine for copyright law, trademark law and intellectual property litigation. The IAM Patent 1000 Guide recognized six of our IP litigation attorneys in 2018 for their work on IP matters and in post-grant and ITC proceedings, and Managing IP named eight Ropes & Gray attorneys “IP Stars.” 

Groundbreaking Graphics Team

Establishing and protecting the value of complex technologies often requires presentation of sophisticated and subtle technical concepts to judges, juries, government agencies and investors. To simplify this challenge, we complement the work of our attorneys with an award-winning in-house graphics and animation team. Our graphics professionals create state-of-the-art 2D and 3D static and animated visual media to help Ropes & Gray litigation teams clearly convey technical testimony to judges and juries.

Experience

A Winning Team

With IP litigation at an all-time high, companies are increasingly seeking law firms with a proven record of success in state and federal courts. Ropes & Gray IP trial lawyers have achieved outstanding results for clients. Examples include:

  • Secured a victory for Samsung Electronics in a patent infringement suit brought by NPE Affinity Labs of Texas. We filed inter partes review (IPR) petitions challenging three litigated patents; the PTAB found all challenged claims unpatentable, a determination that was upheld in multiple Federal Circuit appeals.
  • Secured a preliminary injunction, a rarity in patent litigation cases, on behalf of patent owner Veeco Instruments.
  • Obtained an exclusion order and a cease and desist order on behalf of TiVo in an ITC Section 337 investigation, barring the importation of Comcast’s infringing digital video receivers into the United States. Currently representing TiVo in multiple related cases in the Eastern District of Texas, Southern District of New York, New York Superior Court and the PTAB.
  • Represented a global life sciences company in a district court action and parallel IPR proceeding relating to its blockbuster product. The PTAB found in favor of our client, invaliding all asserted patent claims; the decision was not appealed, and the district court action was dismissed with prejudice.
  • Successfully settled a false advertising matter for Chiesi USA concerning one of the most prescribed surfactants used to treat respiratory distress syndrome in premature infants.
  • Obtained an ex parte seizure order of trade secret information for a designer shoe company—one of the first such orders obtained under the federal Defend Trade Secrets Act of 2016.
  • Achieved victory on behalf of Google and LG Electronics at the PTAB in an IPR proceeding challenging a patent related to a wireless security system for a mobile phone. Obtained a final written decision finding all challenged claims unpatentable.
  • Secured a final written decision finding all challenged claims unpatentable on behalf of two multinational information technology companies in an IPR proceeding at the PTAB.
  • Advise network infrastructure developer Extreme Networks on general IP litigation matters. Most recently, we represented Extreme adverse to Be Labs and DIFF Scale Operation Research and favorably settled both cases for our client.
  • Regularly represent and advise streaming player manufacturer Roku in responding to licensing demands from non-practicing entities, as well as in district court litigation.
  • Represented Fortune 100 company Honeywell International in patent infringement and false advertising litigation brought by Allure Energy relating to Internet of Things (IoT) technology in the Western District of Texas and at the PTAB, negotiating a favorable settlement for our client.
  • Defended RR Donnelley against patent infringement allegations filed in the Northern District of Illinois by RAH Color Technologies LLC.
  • Represented Spansion in numerous multipatent cases related to flash memory technology, including four investigations at the U.S. International Trade Commission, three cases at the federal courts in Virginia and the Northern District of California, and 11 IPR proceedings before the PTAB. After two successful trials before the ITC and the securing of sanctions against Macronix, the litigations settled favorably for Spansion. 
  • A groundbreaking victory for SAP America in the first covered business method review trial initiated under the new post-grant challenge proceedings created by the America Invents Act.
  • Secured a favorable result on behalf of a multinational alcoholic beverages company in the first investigation of the International Trade Commission’s pilot program for possible early disposition of cases.
  • Represented TRIA Beauty and its spokesperson, Kim Kardashian, in a false advertising litigation against Radiancy.

Awards

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