Gilead Wins Major Federal Circuit Ruling in Multi-Billion Dollar Patent Battle
Every partner in our group has handled copyright, trademark or patent appeals — and many of our group’s greatest accolades come from this work. We’ve been named to the National Law Journal’s Appellate Hot List, labeled "outstanding" by The Legal 500, won The American Lawyer’s Litigator of the Year Award, and listed on the Financial Times’ list of the 10 most innovative firms, with all of these publications highlighting our IP work. Chambers USA has recognized our ability to "mastermind" the "most complicated legal or technological issues." And our work on these cases is complemented by our close collaboration with our IP group, which recently was named Law360’s IP Group of the Year, among numerous other honors.
We strive to bring a "touch of magic" to all our cases, and have received top accolades for our work in copyright, where we have been able to "demystify the technical issues." Josh Rosenkranz landed on Law360’s list of 2013 Appellate MVPs for our "long odds" victory at the U.S. Supreme Court in Kirtsaeng v. John Wiley & Sons, which helped keep alive a $60 billion gray market for copyrighted works. And we emerged as champions in the "World Series of IP cases" when the Federal Circuit overturned a decision that the thousands of lines of Oracle software that Google copied into its Android operating system lacked copyright protection. We also were honored for our "dramatic reversal of fortune" for MGA in the epic Bratz v. Barbie showdown, and we repeatedly have prevailed for DISH Network, fending off the major TV networks’ efforts to shut down the advanced recording and commercial-skipping features of its Hopper DVR.
As for patent appeals, the Federal Circuit is our home court — we’ve argued 25 cases there in the past three years. Mark Davies authored "the user manual" for Federal Circuit appeals, and he and Eric Shumsky have received awards for their leadership in the Federal Circuit Bar Association. As befits a firm originally founded in San Francisco, our bread and butter is high-tech: We’ve handled appeals involving DVRs, cell phones, video games, semiconductor chips, automotive alert systems, point-of-sale terminals, memory emulators, computer architecture and much more. And our practice is as broad as it is deep. Beyond high-tech, we’ve handled patent appeals involving everything from soybeans, genetic sequencing, pharmaceutical research and fuzzy slippers to marine generators and the machines that manufacture box springs. And we’re arguing appeals both large and small — from a few hundred thousand dollars to $1.5 billion.
Of increasing importance in the post-America Invents Act world, we are at the forefront of appeals to the Federal Circuit from the Patent Trial and Appeal Board (PTAB). We’re handling appeals that challenge determinations by the PTAB; appeals that defend determinations by the PTAB; and even appeals concerning the availability of suits under the Administrative Procedure Act to contest the PTAB’s procedures. We are counseling clients about how to shape the still-evolving law concerning these administrative proceedings. And we are counseling clients how best to position these issues for appeal.