Global Patent Litigation
McKenna Long & Aldridge’s (MLA) Global Patent Litigation Team strategically combines the expertise of both experienced patent attorneys and seasoned trial attorneys on each litigation matter. We handle patent infringement litigation on a worldwide basis, as well as related commercial disputes, including licensing matters, antitrust, and unfair competition. Our litigation team understands all of the key aspects of patent cases that drive a successful outcome, including technology issues, substantive patent law, and procedural rules. We build an effective trial team and strategy beginning at the inception of each case.
MLA’s patent litigation group has truly global experience. Our attorneys frequently represent companies based throughout the world. As a result of our experience representing global clients, we have insight into industry business relationships and supply channels, and our clients and contacts include leading industry players and experts. Leveraging this knowledge and experience, we are able to identify critical information needed to recover for infringement or to defend against patent suits. We also know how to discover that information, in the U.S. and other countries, from a variety of sources such as suppliers, system integrators, brand name resellers and retailers, or other parties. Our team has substantial experience in conducting depositions and discovery in other countries. We regularly travel to Korea, Japan, Taiwan, France, Spain, and to other countries in connection with our patent cases.
Our team has litigated patent cases in many federal courts throughout the country. We also have extensive experience in foreign jurisdictions and before the International Trade Commission. We handle precedent-setting cases that broadly impact U.S. patent litigation. On behalf of a French government entity, for example, we obtained a significant Federal Circuit decision addressing the extent to which foreign companies may be subject to jurisdiction in the United States. Because our cases often involve cross-border business and distribution, our experience has enabled us to successfully litigate concepts and principles related to jurisdiction, inducement, damages, and other important issues. We also have substantial experience with complex licensing matters and we frequently assist clients in negotiating and drafting license agreements and in related transactions.
Just as important as the global scope of our practice, our Patent Litigation Team has significant experience in a wide range of high technology areas, such as LCD and LED technology. MLA clients have found the versatility and technical knowledge of the team to be particularly helpful in sophisticated patent litigation involving highly specialized technologies.
Case Strategy and Trial Experience
Prevailing in a complex patent case requires a winning case strategy. Our philosophy is based on three core principles: (1) be prepared to take every case to trial; (2) deliver the best possible results; and (3) provide exceptional value. Our experience in applying these principles enhances our ability to secure each client’s goals efficiently and effectively. We look for opportunities to resolve cases early and on terms that reward our clients’ financial and business interests.
Our ability to take complex patent cases to trial is central to our litigation strategy. Preparing to resolve cases at trial, if necessary, provides clients with settlement leverage throughout the case and preserves all options. This case strategy has paid off, repeatedly resulting in substantial settlements and favorable verdicts. Our team has tried high-stakes patent cases before juries and judges, and representing both plaintiffs and defendants. Recently, we served as trial counsel in one of the most complex patent cases ever to go to trial in the U.S. District Court for the District of Delaware, trying eight patents and multiple claims under an expedited trial schedule.
We understand the dynamics and demands of patent trials. Highly complex patent cases are challenging. Each case must be properly presented in understandable terms and often within strict time limitations established by judges. Our team distills the key issues and evidence for trial, relying on experts and technology to present each case effectively. To ensure the best possible outcome, we staff our teams using a combination of attorneys with critical skill sets. Our trial teams blend patent experience, technical knowledge, and veteran trial leadership.
Litigating patent cases requires a significant investment of resources. Our team is sensitive to the importance of delivering cost-effective results. In many cases, we litigate against large firms that staff cases excessively, using large numbers of junior attorneys that add substantial cost. In contrast, even in cases that involve many patents and parties, we staff cases with efficient and effective teams of attorneys to achieve maximum results for our clients. Our approach is to develop a strategy and budget that is both results-oriented and cost-effective. We understand that litigation impacts your business, and we work with you to ensure that the litigation strategy is consistent with your goals and objectives.
Every case is defined by significant developments and opportunities. Our team is experienced in effectively conducting Markman hearings, presenting cases to juries at trials, litigating injunctive remedies, conducting settlement negotiations, and handling other critical aspects of patent cases. We also manage electronic discovery and other discovery to avoid unnecessary burdens and costs, using our in-house support professionals and relationships with outside service providers.
MLA has successfully handled numerous patent litigation matters on behalf of our clients.
- Lead trial counsel for top TFT-LCD manufacturer in a case involving damages claims in excess of $1 billion dollars against industry competitors. The case is highly complex, including more than twenty patents, phased trials, over eighty depositions, thousands of products, dozens of expert reports, and millions of pages of documents.
- Lead trial counsel in case where the jury found willful infringement and awarded the entire claim of more than $50 million requested at trial. According to Bloomberg, this award was one of the ten largest patent verdicts of the year.
- Co-counsel for the plaintiff in a patent infringement trial where the jury returned a verdict of more than $50 million. Bloomberg reported that this award was one of the ten largest patent verdicts of the year.
- Lead counsel for a French government entity in a patent infringement case against six of the largest LCD manufacturers in the world. Prior to trial, every defendant settled on terms favorable to our client. As part of this case, we obtained a significant decision from the Federal Circuit Court of Appeals on the extent to which foreign companies are subject to jurisdiction in the United States.
- Lead counsel for prominent global flooring manufacturers in a patent infringement case concerning laminate flooring technology. We also successfully represented this international client in related hearings before the United States International Trade Commission.
- Lead counsel for worldwide market leader in the belting industry in case against its largest competitor, forcing competitor to cease selling the accused products in the United States.
- Lead counsel for gaming technologies company in defense of infringement suit by a competitor, achieving favorable settlement after filing counterclaims and obtaining beneficial claim construction rulings.
- January 25, 2013
- May 16, 2012
- March 30, 2012Following its decision in Bilski, on March 20, 2012, a unanimous (9-0) Supreme Court handed down its decision in Mayo v. Prometheus-the Court’s second opinion on patentable subject matter in less than two years. Prometheus is the sole and exclusive licensee of U.S. Patent Nos. 6,355,623 and 6,680,302, which claim methods for determining the optimal dosage of thiopurine drugs used to treat immune-mediated gastrointestinal disorders, and marketed a PROMETHEUS Thiopurine Metabolites test that used the technology covered by the patents-in-suit.
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