Intellectual Property

Intellectual Property

Orrick's collaborative IP Group has achieved successful outcomes for its clients involved in complex, high-stakes, and high-profile litigation. In 2014, our work in the landmark U.S. Supreme Court copyright case Kirtsaeng v. John Wiley & Sons earned the firm National and West Coast Copyright Firm of the Year and Impact Case of the Year by Managing Intellectual Property. Our representation of Brocade Communications against A10 Networks was named the 2013 "Top Verdict of the Year" by both the Daily Journal and the Recorder. In 2013, the National Law Journal once again recognized Orrick in its annual "Intellectual Property Hot List" and Law360 named Orrick "IP Group of the Year". Chambers recognized Orrick’s Intellectual Property Group and its lawyers in its Global, USA, Asia Pacific, California, New York and Washington State editions.

Organizations that are leaders in their industries choose Orrick’s IP group to advise on their most complex IP needs. Our comprehensive, collaborative approach to IP planning, our successes in IP litigation and our appellate work make our IP team the go-to choice for resolving bet-the-company IP disputes and for helping to keep companies out of the courtroom.

We advise and represent clients in patent, trademark, copyright, trade secret and litigation matters. In addition, we regularly counsel clients on cloud-computing issues, including mergers of providers, outsourcing agreements, regulatory review of anticompetitive conduct, privacy and data management issues and criminal investigations involving search and seizures.

Our highly ranked lawyers also advise on antitrust actions, strategic IP counseling, U.S. International Trade Commission actions, contentious licensing, patent and trademark infringement, patent marking, branding issues, unfair competition, commercial disputes, Internet safety and liability and U.S. Patent and Trademark Office reexaminations.

The Orrick IP Difference 

While it can be difficult for companies seeking legal services to differentiate among law firms, we believe there is an "Orrick difference." 

We have a proven track record in representing leading technology companies in major litigation throughout the world. Our IP lawyers assist domestic and foreign companies with IP needs within local jurisdictions. We also represent domestic companies with IP issues that cross multiple jurisdictions in other countries. Our IP practice is designed to assist with our clients’ IP needs, wherever those are located throughout the world.

Orrick's IP group has tried more than 30 patent cases in the last five years. The majority of these trials were before the Eastern District of Texas, the District of Delaware, the Northern District of California and the ITC, all courts before which Orrick has appeared frequently and established a reputation for excellence.

The patent lawyers who make up Orrick's patent litigation group have litigated most of their careers and are dedicated to this practice. As a result, our clients call on us – repeatedly – to represent them in their most significant patent cases, because they know our patent bench is as broad as it is deep with talented patent trial lawyers.

Orrick assembles teams with the right level of experience, the right background and the right training for the job. Orrick integrates its teams from senior lawyers to junior lawyers, technical lawyers to non-technical lawyers, and staffs the cases with lawyers of diverse backgrounds as well as with the appropriate and desirable local experience.

View Recent Engagements & Client Results

Acer Inc., Nanya Technology Corp. and Powerchip Semiconductor Corp. Orrick successfully defended three semiconductor companies before the ITC in an investigation filed by Tessera, Inc., against 15 respondents related to semiconductor packaging patents. After a hard-fought battle that spanned nearly two years, the commission issued a final determination of no violation in December 2009. This decision was affirmed and costs were awarded by the Federal Court in May 2011.

Apple Inc. Orrick secured a significant victory for client Apple Inc. at the International Trade Commission against S3 Graphics, a subsidiary of HTC. Complainants S3 Graphics Co., Ltd., and S3 Graphics Inc. had alleged Apple’s products and software, including Apple’s iPhone, iPad, iPod touch and Macbook computers, infringed four patents directed toward image compression. The Commission determined that there was no violation by Apple. This high-profile case was one of the first smartphone battles to be decided.

Brocade Communication Systems, Inc. (formerly Foundry Networks,). Orrick secured another favorable result for Brocade in a long-running, high-stakes patent dispute with A10 Networks. Less than an hour before a jury was to hear opening statements, A10 agreed to settle all disputes. Under the settlement, A10 will pay Brocade $75 million in cash and stock, dismiss with prejudice all of A10's appeals, and withdraw its attempt to reexamine the Brocade patents. Further, A10 granted Brocade a fully paid up, irrevocable and worldwide license to all of A10’s intellectual property, including any patents A10 may seek or receive in the next 12 years. A10 also provided Brocade a 12-year covenant not to sue Brocade or its customers. In return, Brocade agreed to a limited covenant not to sue A10 based on its current products. Brocade’s covenants do not extend to new A10 product lines or areas of business.

EMC Corporation. Orrick achieved a complete defense verdict for EMC in a high-stakes patent infringement dispute with Oasis Research, LLC, a non-practicing entity. Oasis alleged EMC and 17 co-defendants infringed four patents relating to a system designed to remotely back up computer files. While investigating Oasis's claims and EMC's defenses, Orrick uncovered information dating back 20 years, which ultimately helped lead the jury to invalidate all four of Oasis's patents.

Facebook, Inc. Orrick represents the popular social network Facebook in various intellectual property matters, including:

Orrick scored a victory for Facebook and its founder Mark Zuckerberg when the Ninth Circuit Court of Appeals upheld the dismissal of a lawsuit brought by two of Zuckerberg’s Harvard classmates who claimed that he stole the Facebook idea from them. Facebook had already reached a settlement with the plaintiffs, but then the plaintiffs disputed the valuation of the company and sought more money. The Ninth Circuit decision saved our client from further payment of up to $100 million.

Orrick successfully obtained a judgment of more than $850 million under the CAN-SPAM Act against an individual who used Facebook for improper purposes and sent false e-mail messages to Facebook users.

Fujifilm Corporation. Orrick scored a complete defense victory for Fujifilm Corporation in a patent infringement case brought by St. Clair Intellectual Property Consultants, Inc. The case went to trial in 2004 in the federal court in Delaware, where a jury entered a verdict of infringement of four patents. In January 2011, the Federal Circuit Court of Appeals overruled the judgment of infringement and directed the lower court to enter a judgment in favor of Fujifilm. The plaintiffs’ petition for rehearing was denied in March 2011, and the district court has now entered a final judgment of non-infringement in both the original case and a second case brought by St. Clair seeking damages for post-2004 sales. All issues have now been resolved, with a payment of costs by St. Clair to Fujifilm.

Tekmira Pharmaceuticals Corp. Orrick secured a significant victory for client Tekmira Pharmaceuticals., a small Canadian pharmaceutical company, by helping to obtain a $75 million cash settlement in a multi-country patent, licensing and trade secrets dispute. Tekmira also obtained assignment of approximately 150 of Alnylam patents and patent applications, and will receive milestones and royalties for Alnylam products incorporating Tekmira's technology, including a product now in clinical trials that is projected to be a $2 billion product by 2020.

Orrick's Intellectual Property practice and attorneys are recognized by the following publications and directories:

  • Orrick's Intellectual Property practice and lawyers were ranked and recognized in the 2014 editions of Chambers Global, Chambers Asia and Chambers USA.
  • The Legal 500 recognized Orrick's Intellectual Property practice for patent licensing and transactional, patent litigation, International Trade Commission, copyright and trade secrets.
  • In 2014, Orrick was named National and West Coast Copyright Firm of the Year and received honors for having the Impact Case of the Year at Managing Intellectual Property’s North American awards reception. Additionally, Annette Hurst was named “California Litigator of the Year” for her work on Kirtsaeng v. John Wiley & Sons. Orrick was also named China IP Team of the Year at Managing Intellectual Property’s 2014 Global Awards and eleven lawyers were named “IP Stars” in Managing Intellectual Property’s annual state-by-state analysis of the IP market.
  • In 2014, the Daily Journal recognized Neel Chatterjee, Annette Hurst, Chris Ottenweller and Gabriel Ramsey as “Top IP Lawyers” and Annette Hurst as a “Top Women Lawyer.”
  • Benchmark: Litigation's 2014 edition recognizes Orrick's Intellectual Property practice and honors IP partners Neel Chatterjee, Chris Broderick, Elizabeth Howard, Annette Hurst, Chris Ottenweller and Gary Weiss on its roster of litigation stars.
  • In January 2014, The American Lawyer announced Orrick as one of three finalists nationwide for “IP Department of the Year” 2013.
  • In 2014, Orrick was recognized by Intellectual Asset Management as a leading firm in California, New York and China. Six lawyers were named as leading practitioners in the IAM1000, including Neel Chatterjee, Joseph Calvaruso, Joshua Rosenkranz, Steve Routh, Nagendra Setty and Xiang Wang.
  • Law360 named Orrick "IP Group of the Year" for 2013.
  • In 2013, Orrick was named “California Litigation Department of the Year” by The Recorder. This recognition is reflective of the overall success of the firm’s litigation departments, including key wins on behalf our intellectual property clients. Orrick’s IP Group was also named one of two finalists for The Recorder’s “IP Department of the Year”
  • In 2013, the National Law Journal named Orrick to its second annual Intellectual Property Hot List.
  • Benchmark: Litigation's 2013 edition recognized three Orrick IP lawyers on its roster of litigation stars, and lawyer Annette Hurst was named "Female Litigator of the Year-West."
  • In 2013, Orrick’s successful representation of Brocade Communication Systems against A10 Networks was named as a "Top Verdict of 2012" by the Daily Journal and The Recorder.
  • In November 2013, lawyer Neel Chatterjee was named “Litigator of the Week” by The American Lawyer for his victory on behalf of Ruckus Wireless, Inc., in a patent infringement matter over WiFi access points.
  • In March 2013, lawyer Chris Ottenweller was named a Law360 "MVP" and "Litigator of the Week" by The American Lawyer for his intellectual property accomplishments, including his victory in a high-stakes patent infringement dispute for EMC Corp.
  • In 2013, Orrick’s Intellectual Property Group was recognized by LMG’s Clean Technology & Renewable Energy publication.
  • Orrick received the Gold Award for "Best USA Law Firm 2012: Best Growth Strategy" for Intellectual Property and Information Technology at the International Legal Alliance & Summit Awards in 2012.
  • California Lawyer named Orrick lawyers as four of the "2012 California Lawyer Attorneys of the Year."
  • Corporate Counsel ranked two Orrick intellectual property matters among its "10 Biggest IP Litigation Wins of 2011." Apple’s victory at the International Trade Commission against S3 Graphics, one of the key smartphone patent cases, made the No. 1 spot, and MGA’s victory against Mattel in the Bratz doll case made No. 7.
  • IP Hot List: National Law Journal
  • Josh Rosenkranz - Bloomberg Law Interview
  • Neel Chatterjee Named 'Litigator of the Week'
  • 2013 IP Department of the Year Finalist
  • Annette Hurst named Law360 MVP
  • Chris Ottenweller named Law360 MVP
  • Law360: IP Group of the Year

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