Tel: +1 (310) 620 5700
Website: www.paulhastings.com
Office Locations: • Atlanta • Chicago • Houston • Los Angeles • Century City • New York • Orange County • Palo Alto • San Diego • San Francisco • São Paulo • Washington D.C.
We are an IP Litigation powerhouse for technology, life sciences and health technology in patents and trade secrets litigation with unparalleled trial success at all levels at each forum and venue. Our approach integrates our patent, trade secrets, trademark, and copyright practices to provide businesses with comprehensive intellectual property protections. Our litigation expertise and experience gives us an edge in advising our clients on the likely outcomes of litigation, including in the context of corporate acquisitions and portfolio management. Our approach, which supports “small firm” key partner attention with the “large firm” resources ensures our clients receive effective and efficient representation at every stage of the case. We are committed to helping clients structure the most comprehensive and workable safeguards for all aspects of their intellectual property.
Bench and Jury Trials at the U.S. District Courts:
- We have litigated and counseled on patent and trade secrets issues across a wide range of industries, including software, hardware, electronics, chemical processes, telecommunications, consumer goods, manufacturing, sales, financial services, and pharmaceuticals.
- We are also experts in 101 invalidity challenges with a near-perfect record in district court and the Federal Circuit, pursuing and obtaining attorneys’ fees, and obtaining wins in Federal Circuit appeals.
- We are experts in the nuances of Hatch-Waxman Act and biosimilars patent litigation under the Biologics Price Competition and Innovation Act, and the related FDA regulatory regime in which these cases operate.
PTAB Proceedings
- We have handled over 400 post-grant proceedings before the U.S. Patent Trial and Appeal Board, on behalf of both petitioners and patent owners.
ITC Section 337 Investigations
- We represent both complainants and respondents, and have been at the forefront of recent cutting-edge decisions at the ITC. We have served as counsel in more than 60 Section 337 Investigations, and have appeared before each of the Presiding Administrative Law Judges (ALJs).
- We have multiple and successful experiences before Customs in ensuring our clients’ products are not excluded from the United States.
Supreme Court and Appellate Reviews
- We have top-notch appellate capabilities and can handle an IP litigation matter from start to finish. Our lawyers are skilled in the art of written and oral advocacy, as well as in simplifying technical arguments for generalist Federal Circuit judges.
- We devote our practice to the craft of conceiving and presenting argument on complex, law-intensive issues, bringing to bear our many years of experience in areas of law that cut across traditional legal disciplines, such as constitutional interpretation, damages, procedure, and jurisdiction.
International Arbitrations
- We represent clients in all aspects of litigation related to arbitration, including bringing and defending motions to compel arbitration, obtaining and opposing interim and protective measures in aid of arbitration, seeking and opposing recognition of arbitral awards, seeking and opposing the annulment of arbitral awards, and disputes over the taking of evidence in the US in aid of internal arbitrations and foreign litigation.
- We regularly draft, advise, and teach courses on the drafting and interpretation of arbitration and forum-selection agreements in circumstances ranging from simple two-party deals to complex commercial transactions involving multiple parties, jurisdictions, and applicable laws. We recognize that each matter is unique and strive to meet our client’s objectives in the most cost-effective manner.
Last Updated September 2019
US
General Patent Litigation
Hatch-Waxman Patent Litigation (Branded)
Hatch-Waxman Patent Litigation (Branded) — Highly Recommended |
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Covington & Burling |
Finnegan Henderson Farabow Garrett & Dunner |
Fish & Richardson |
Paul Hastings |
Sidley Austin |
Venable |
Williams & Connolly |
WilmerHale |
Hatch-Waxman Patent Litigation (Branded) — Recommended |
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Arnold & Porter |
Bartlit Beck |
Dechert |
Jones Day |
Kirkland & Ellis |
Mayer Brown |
O'Melveny & Myers |
Quinn Emanuel Urquhart & Sullivan |
Lawyer | Section | Practice Area | Location |
---|---|---|---|
Dittmann, Eric | Intellectual Property | Hatch-Waxman Patent Litigation, Patent Strategy & Management, General Patent Litigation | New York City |
Giampetruzzi, Gary | Non-IP Litigation & Enforcement | White-Collar/Govt. Investigations | New York City |
Modi, Naveen | Intellectual Property | General Patent Litigation | Washington, D.C. |
O'Malley, Joseph | Intellectual Property | Hatch-Waxman Patent Litigation, Patent Strategy & Management | New York City |
Peterman, Chad J | Intellectual Property | Hatch-Waxman Patent Litigation | New York City |
Ratliff II, Preston | Intellectual Property | Hatch-Waxman Patent Litigation | New York City |
Wexler, Bruce M | Intellectual Property | Hatch-Waxman Patent Litigation, Patent Strategy & Management | New York City |
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Intellectual Property
Paul Hastings
Paul Hastings's IP group is highly recommended for general patent litigation and Hatch-Waxman disputes, supported by a team of attorneys with significant trial experience. A peer calls the firm a "go-to place for Hatch-Waxman work." In addition to the group's expertise in district court matters, the firm is also active in post-grant proceedings. The firm's activity in the biosimilars space was showcased by the high-profile dispute for client Boehringer Ingelheim against AbbVie involving the blockbuster Humira. The matter is currently on appeal.
Global co-chair of the IP group Bruce Wexler is praised by peers for his experience in life sciences patent litigation. He is currently active for clients Adamas and Actelion in separate pharmaceutical disputes. Wexler was shortlisted by LMG Life Sciences in 2019 for the Branded Hatch-Waxman Litigator of the Year award.
Joseph O'Malley was recently involved in the Federal Circuit appeal of an IPR for client Zimmer Biomet related to a hip implant patent. The appellate court affirmed the PTAB ruling in favor of the client. O'Malley is also acting for Helsinn Healthcare with partner and IP vice chair Eric Dittmann in a high-profile dispute against Teva. The matter, which earlier went before the Supreme Court, is now pending in the Federal Circuit. New York litigation chair Preston Ratliff is experienced in litigations related to pharmaceuticals, biotechnology and chemicals. He is currently active for Sucampo in a dispute related to its product Amitiza.
DC-based Naveen Modi is vice chair of the IP group and leader of the firm's Patent Office practice. He continues to be active as one of the top practitioners for post-grant proceedings. A team including Modi, Eric Dittmann and Bruce Wexler were involved in the Boehringer Ingelheim dispute against AbbVie.