We have a formidable record in competitor versus competitor cases. And we’ve prevailed against the most aggressive patent assertion entities.
We have a winning record in the toughest arenas, from the Eastern District of Texas and the Northern District of California to the International Trade Commission (ITC). And we’ve handled more than 60 inter partes review proceedings before the Patent and Trademark Office (PTO) Patent Trial and Appeal Board.
Our results prompted The American Lawyer to name us "IP Litigation Department of the Year" in 2016. "Time and again, we heard stories…lauding Orrick’s ability to jump into a case and successfully dig its clients out of a hole, even with little time to prepare," The American Lawyer reported. "What’s more, the firm successfully demonstrated this across an impressive range of venues, using novel strategies."
Equally important to us and our clients, we draw on our litigation experience to help companies avoid the courtroom in the first place through effective IP counseling and licensing.
When Ruckus Wireless faced what The American Lawyer called a "must win" patent case brought by rival Netgear, it called in one of our teams six weeks before trial. We quickly devised a trial strategy and pulled off a resounding defense verdict. Ruckus’ general counsel told The American Lawyer that we "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 require."
We scored a similar result for MobileIron, a pioneer in mobile device security, in a high-stakes patent case brought by a competitor. Representing Nintendo, we fended off an ITC case brought by one of the winningest plaintiff’s lawyers, who sought to bar Nintendo from selling its marquee product, the Wii gaming console. When a much larger rival threatened Tekmira Pharmaceuticals’ pioneering cancer treatment research, we fended off a multicountry dispute, obtaining a $75 million settlement that allowed the company to continue with its lifesaving work.
Time and again, we have helped our clients avoid massive damages, crippling injunctions and reputational harm. Our patent trial and appellate lawyers work closely with our clients’ in-house team to pursue the best achievable result with the minimum business disruption. We draw on our backgrounds in science and engineering to delve into the technologies in dispute. In fact, in reporting about our innovative approach to defending a group of Taiwanese chipmakers before the ITC, Financial Times described how our team "dug deeper into the technical details than previous defendants to successfully challenge the claimant’s expert."
And we combine that technical understanding with finely tuned courtroom skills to tell our clients’ stories in a clear and persuasive way. Early in each case, we work with our in-house counterparts to seek out themes that clarify the key legal, business and scientific issues. We refine those themes during discovery as we develop the detailed case highly tailored for each target audience.
Our Patent Litigation team has deep roots in Asia. Our China team, led by dual U.S./Chinese-educated practitioners based in Beijing and Shanghai, is ranked Tier 1 by Asian Legal Business. The team acts for U.S. and Chinese companies, providing both counseling and effective resolution of complex cross-border disputes.
Likewise, we have a team based in Taipei, China and the U.S. that focuses on representing Taiwanese companies in matters in the U.S. and Asia.
Our long-established Japanese IP team comprises fluent Japanese speakers based in Tokyo and the U.S. We are honored to act for the leading Japanese companies in patent litigation in both Japan and the U.S. We recently achieved a quick and decisive victory for 40 Japanese camera manufacturers and retailers in a patent case brought by a subsidiary of the patent aggregator Acacia, involving data used to produce digital images. The case produced useful rulings on the kinds of ideas that are eligible for patenting under Section 101 of the Patent Act.
Our Appellate team gives our clients another crucial edge. The team recently pulled off a reversal in the smartphone wars that made new law regarding injunctive relief for infringement of standards-essential patents. And a member of our team, Mark Davies, literally wrote the book on arguing at the Federal Circuit. Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit has been called the user manual for Federal Circuit appeals.
Our PTO-registered lawyers regularly help clients secure new patent rights, often when the technology or business practice at stake is not well understood. And we help clients determine the value of patents during acquisition due diligence, and have a proven record of successfully negotiating patent licensing and settlement agreements.
Bayer filed a patent case over DAS’ Enlist™ three-gene herbicide-tolerant products, which are products predicted to have future sales in excess of $1 billion annually. After an atypical four-day evidentiary hearing, DAS prevailed on summary judgment on both non-infringement and invalidity defenses, getting Bayer’s own experts to concede that DAS’s reading of key terms "have been fixed for decades prior to Bayer’s [patent] filing" and that its proposed reading "was scientifically incorrect." The Federal Circuit, in 2013, affirmed on appeal. A judge has ordered Bayer to pay nearly $6 million in attorneys fees.
Orrick obtained a verdict of non-infringement in a patent infringement jury trial related to two patents involving technology for detecting, diagnosing, and then mitigating periodic interference in wireless communication devices. Orrick was hired seven weeks before trial.
Orrick scored a quick and decisive victory for dozens of camera manufacturers and retailers in a patent case brought by a subsidiary of Acacia Research Corp, Digitech Image Technologies ("Digitech"). The litigation produced useful rulings on what sort of ideas are eligible for patenting under Section 101 of the Patent Act. Digitech filed several related patent infringement complaints in U.S. District Court in Los Angeles, each alleging infringement of the same Polaroid patent related to data associated with commonly used to produce digital images. Digitech sued approximately 40 companies involved in the manufacturing and sale of digital cameras. Nikon, Panasonic, Canon, Olympus, Fujifilm, Sigma, Ricoh and Konica Minolta and several other defendants jointly retained Orrick.
Orrick successfully defended Siemens Industry, Inc. in a multi-patent infringement case that SIPCO LLC initiated over networking technologies. After successfully moving the dispute out of the Eastern District of Texas, we obtained summary judgment that Siemens possessed a license to all asserted patents. The parties settled after a bench trial directed solely to damages suffered by our client, Siemens, as a result of SIPCO’s wrongful patent assertion.
03.14.17 - 02.15.17
Every person I have worked with from this firm has been top-notch…Client to Chambers USA, 2015
They work tirelessly to make us feel as though we are their only client and provide a superior level of service.Chambers USA, 2015
Outstanding business attorneys and strong litigatorsThe Legal 500
Orrick lawyers don’t just want to beat trolls in court – they want to vanquish them.The American Lawyer
Benchmark Litigation, 2016-2017
Daily Journal, 2016
The American Lawyer, 2016
Benchmark Litigation, 2016
The Legal 500, 2016
Law360, 2015 and 4 times
Managing Intellectual Property, 2015
Asian Legal Business, 2013-2016
Managing IP, 2016
China Law & Practice, 2015