Patent Litigation and Post-Grant Proceedings
Patent Litigation and Post-Grant Proceedings
Our Patent team has seen it all—and done it all—in patent litigation matters. We achieve positive results in cases across the country with a combination of technical acumen, creativity and a practical, business-minded approach grounded in efficiency.

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.

Patent Litigation

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.

Post-Grant Proceedings

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.

 
 

Overview

Our Patent team has seen it all—and done it all—in patent litigation matters. We achieve positive results in cases across the country with a combination of technical acumen, creativity and a practical, business-minded approach grounded in efficiency.

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.

Patent Litigation

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.

Post-Grant Proceedings

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.

Partner
Email (312) 857-2629(312) 857-2629
Douglass Hochstetler serves as lead counsel in patent infringement matters, especially in litigation arising under the Hatch-Waxman Act.  Selected as one of The Best Lawyers in America ©...
Partner
Email (212) 808-7530(212) 808-7530
John Ward has more than three decades of experience litigating intellectual property cases, including complex, high-technology patent cases, at both the trial and appellate levels.  He has ov...
Partner
Email (973) 503-5964 (973) 503-5964
Michael Zinna’s practice comprises all aspects of intellectual property, with a focus on patent matters and including complex patent litigation, patent licensing, due diligence, patent clear...
Partner
Email (973) 503-5920(973) 503-5920
Joseph Boyle focuses his practice on class actions and commercial litigation.  His experience includes various areas of consumer class action litigation and litigation involving telecommunica...
Partner
Email (212) 808-5000(212) 808-5000
John Dellaportas is co-chair of Kelley Drye’s Securities Litigation and Enforcement practice.  John has more than two decades of experience representing clients in high-stakes commercia...
Partner
Email (212) 808-7624(212) 808-7624
Beth Jacob’s practice has focused on the representation of generic pharmaceutical companies in Hatch-Waxman litigation for more than 15 years, where she has appeared on behalf of her clients...
Partner
Email (212) 808-7609(212) 808-7609
Cliff Katz represents generic pharmaceutical companies in complex commercial litigation.  He has extensive experience with Hatch-Waxman patent litigation, pharmaceutical pricing, federal and s...
Partner
Email (312) 857-7099 (312) 857-7099
Steven Yovits is a partner in the firm’s Intellectual Property group in Chicago. His practice focuses on patent litigation and counseling. Steven has litigated numerous high stakes patent ca...
Special Counsel
Email (312) 857-2321(312) 857-2321
Constantine (“Dino”) Koutsoubas works with generic pharmaceutical manufacturers in their efforts to bring their products to market.  In this role, he helps clients in every aspect ...
Senior Associate
Email (212) 808-7513(212) 808-7513
David Lindenbaum is a senior associate in the firm’s New York office. He litigates patent, trademark, copyright, and false advertising disputes, including cases in federal district and appel...
Associate
Email (212) 808-5021(212) 808-5021
Morgan Arons is an associate in the firm’s New York office. Her practice focuses on litigation. Previously, Morgan was a judicial intern to the Honorable Berle Schiller of the U.S. Dist...
Associate
Email (713) 355-5002(713) 355-5002
Mark Donatiello is an associate in the firm’s Houston office. His practice concentrates on environmental and natural resources law.  He also works in regulatory law. Previously, Ma...
Associate
Email (312) 857-2311(312) 857-2311
Sarita Mutha is an associate in the firm’s Intellectual Property group in the Chicago office.  Her practice focuses on patent litigation and counseling with a particular focus on Hatch-...
Associate
Email (212) 808-7556(212) 808-7556
Molly Rao is an associate in the firm’s New York office. Her practice focuses on complex commercial litigation involving patent and trademark law.
Associate
Email (312) 857-7096(312) 857-7096
Mark Scott is an associate in the firm’s Chicago office. His practice focuses on litigation, particularly Hatch-Waxman litigation for generic pharmaceutical companies. Previously, Mark ...