Our holistic approach to practicing patent law allows our litigators to draw on their experience in patent prosecution, portfolio management, licensing and drafting opinions to provide tactical and practical advice based on our knowledge of the full lifecycle of a patent. We’re a diverse group of attorneys and patent agents, many with technological backgrounds in the electrical, mechanical and chemical arenas with advanced degrees in their technological fields and experience as scientists and engineers.
Our clients range from multinational companies to entrepreneurial start-ups, including leaders in the fields of fashion and retail; new media; financial and information services; medical devices; consumer electronics; chemicals; and telecommunications, media and entertainment.
We advocate on behalf of clients both as patent holders and defendants in the U.S. and internationally.
Our patent litigators are equally adept at defending you against charges of infringement as they are asserting your patent rights against infringers. Everyone on our team has experience in all aspects of litigation, from Markman hearings and motions for summary judgment, to handling discovery effectively and efficiently, to trial and appeal. We represent clients in patent litigation in courts across the country, including the patent-heavy U.S. district courts for the Eastern District of Texas and District of Delaware, as well as appeals to the U.S. Court of Appeals for the Federal Circuit. We handle bet-the-company cases, competitor v. competitor cases, and we are particularly well known for litigating against and negotiating with Non-Practicing Entities, achieving a record of key successes and favorable outcomes in these cases. We believe that expert case management is as important as expertise on the merits, and we organize and drive our cases with this in mind.
At their core, our patent litigators are equal parts creative and technically savvy, attuned to case strategy and case management, and always driven by practical and efficient resolution. For this reason, our Intellectual Property litigation practice was named an “IP Litigation Powerhouse” and to “Most Feared Law Firms” by BTI Consulting in its Litigation Outlook 2017 and 2018.
We represent clients in post-grant review proceedings before the Patent Trial and Appeal Board (PTAB), including in inter partes review proceedings, covered business method review proceedings, post-grant review proceedings and ex parte reexamination. We represent patent holders and challengers in these proceedings, all the way through appeal to the U.S. Court of Appeals for the Federal Circuit. Our combination of litigation and prosecution experience combined with our involvement in legislative rulemaking allows us to develop sophisticated strategies for winning at the PTAB that consider the broader implications of these proceedings on district court litigation and beyond.
International Trade Commission (ITC) Litigation
The Patent Group’s technical skill and litigation prowess has led to success for several clients in 337 Proceedings before the ITC. Kelley Drye is uniquely positioned to handle these proceedings, as a firm that often provides sophisticated representation through collaboration across practice groups. Our ITC work is one example. The Patent Group often collaborates with our award-winning Government Relations group on these matters, to leverage the contacts and experience that group can add to enhance strategy decisions at the ITC. We bring a multidisciplinary approach to ITC proceedings, drawing on our proficiency in patent law, government relations, general complex civil litigation, ITC procedure and licensing in order to provide our clients with a competitive advantage.