Intellectual Property

The most innovative companies in the world call on us to protect their intellectual property and defend their brands. We’ve won some of the highest-impact IP cases of recent years, at trial and on appeal. Like our clients, we’ve succeeded by breaking the mold – in the way we’ve framed the issues, in our trial tactics, and in the graphics and other techniques we’ve used to make complex points clear.

We’ve won cases involving all types of intellectual property and related claims, including patents (particularly competitor disputes), copyright, trademark, unfair competition, internet security and trade secrets.

Based on these results, The American Lawyer named us one of the top IP firms in the country in its "Litigation Department of the Year" contest in 2016, and Law360 called us one of four "MVP" IP firms in 2015 based on our results over the past five years.

We handle some of the biggest competitor versus competitor disputes. We’ve efficiently shut down multidefendant cases brought by so-called "patent trolls," prompting The American Lawyer to write in its 2014 "Litigation Departments of the Year" issue that "Orrick’s lawyers don’t just want to beat trolls in court – they want to vanquish them." We have won some of the most influential copyright cases of recent years, and we are one of the few firms with a dedicated Trade Secrets team. We’ve prevailed in the toughest forums: Eastern Texas, Eastern Virginia and Northern California, the Federal Circuit, the U.S. Supreme Court, and the International Trade Commission. Our results speak for themselves:

  • After all the major TV networks brought a potentially crippling copyright case against our client, DISH Network, we obtained a summary judgment ruling that vindicated the innovative commercial-skipping and block-recording features that DISH added to its Hopper DVR. The ruling also made new law in the copyright arena, blunting the impact of CBS v. Aereo, a copyright decision from the Supreme Court that many tech experts feared would chill cloud-based innovation.
  • After parachuting into the case six weeks before trial, we won a defense verdict for Ruckus Wireless in what The American Lawyer called a "must win" patent case brought by rival Netgear. "Because of how short a time we had and the emotionally charged nature of the case, they built a great team, worked long hours and worked in an environment that is sometimes challenging for law firms because of the amount of collaboration we required," Ruckus’ General Counsel Scott Maples told The American Lawyer.
  • We acted for Oracle in its appeal of the $6 billion copyright case it brought against Google. On appeal, we created new law on the copyrightability of software, and then represented the company in a high-profile retrial of copyright infringement claims against Google.
  • Arguing before the Supreme Court, we obtained a victory with broad implications for copyrighted goods in Kirtsaeng v. John Wiley & Sons.
  • We drew upon our full range of IP experience to represent Brocade Communication Systems in a dispute with A10 Networks alleging patent infringement, copyright infringement, trade secret misappropriation and other causes of action. After a two-week trial, the jury awarded Brocade over $112 million in damages.

Counseling

For every IP matter we’ve taken to trial and won, there are many other trials we’ve avoided through effective counseling and negotiation. Some of the best recognized global brands turn to our team for trademark and copyright strategies, from development to protection and enforcement. We have a proven record of successfully negotiating patent licensing and settlement agreements. To preserve trade secrets and avoid liability for misappropriation, we help create effective employment policies and draft restrictive covenants and nondisclosure and noncompetition agreements.

Asia

We have long focused on representing Asian companies in IP matters in both the U.S. and Asia. Our group in Japan, together with colleagues in the U.S., counsels leading Japanese electronics firms. Our team has strong Japanese-language skills and an acute understanding of Japanese business culture.

With three offices in China – Beijing, Shanghai and Hong Kong – we offer Chinese and international clients powerful assistance in cross-border cases. We are one of the firms most often before China’s Patent Review Board. We provide the same to Taiwanese companies through our offices in Taipei, China and the United States.

A Reputation for Excellence

  • In naming us the top IP department in the country, The American Lawyer noted that "time and again, we heard stories [from clients] lauding Orrick’s ability to jump into a case and successfully dig its clients out of a hole, even with little time to prepare." They added that we "successfully demonstrated this across an impressive range of venues, using novel strategies."
  • When Financial Times ranked the most innovative lawyering in the litigation space in 2014, we took the No. 1 spot for our work in Oracle v. Google. The FT judges praised our team and client Oracle for "demystifying the technical issues" and bringing a "touch of magic" to the appellate argument.
  • Law360 recently named us an "IP Practice Group of the Year" for 2015. Law360 also named us to a short list of "IP MVPs"– as Law360 put it, "the firms that have consistently shown they can win big in significant intellectual property cases, each racking up multiple IP Practice Groups of the Year wins in the past five years."