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U.S. International Trade Commission

The ITC has the power to direct U.S. Customs to exclude entire classes of devices from being imported into the United States. Our Intellectual Property group, recognized by Chambers USA, Chambers Global and Chambers Asia, has successfully helped parties in dozens of ITC Section 337 investigations. In the past several years, we have represented parties in 16 different investigations. We are successful at the ITC because of our deep bench of world-class, first-chair trial lawyers experienced in the unique demands of ITC IP litigation. We have more than 125 IP lawyers, so whatever the ...

U.S. Supreme Court

Nowhere are these characteristics more prominent than in the cases we litigate before the U.S. Supreme Court. In a recent high-profile report on the Supreme Court bar, Reuters found that a small group of 66 lawyers—out of 17,000 who petitioned the Court during nearly a decade—were more than six times as likely to have their clients’ cases heard by the Court. Reuters identified three Orrick partners as members of this “elite cadre” that “giv[es] their clients a disproportionate chance to influence the law of the land.” Our deep bench includes nearly a dozen former Supreme Court clerks. Our ...

The Gorsuch Nomination: The Return of the Business Friendly Court?

by Robert Loeb and Paul David Meyer | 02.03.17

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a sensitivity to the challenges facing businesses. After reviewing Judge Gorsuch's background and record of judicial opinions, it appears that the prior relatively pro-business conservative trajectory of the Supreme Court will now be restored. Before joining the Tenth Circuit Court of Appeals, Judge Gorsuch spent a decade in private practice as a commercial litigator. His ...

USPTO Post-Grant Proceedings

Clients turn to us when they need relentless trial lawyers skilled in picking the right prior art and the best experts, and to present the winning legal and technical points through effective writing and oral advocacy. We handle post-grant proceedings on a stand-alone basis or as part of a greater litigation strategy. We understand when and how to use post-grant proceedings as a corollary to litigation to best strengthen our clients’ claims and defenses at trial.

For Patent Trolls, a Time of Reckoning

by I. Neel Chatterjee | 04.09.15

It’s a bad time to be a patent troll. For more than a decade, trolling has been a relatively foolproof, risk-free business model that has lined the pockets of opportunistic plaintiffs and sullied the best-in-class reputation of the U.S. patent system. Now, thanks to recent reforms and major court developments, greater efficiency and accountability have been injected into that system. To be clear, yes—we do use the charged term “patent trolls” in this article. However, this term is not used as rhetoric to paint all nonpracticing entities (NPEs)—such as universities and other entities that ...

Unfair Import Proceedings & Trade Agreements

These cases have involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, World Trade Organization (WTO) dispute proceedings, judicial proceedings, London Court of International Arbitration (LCIA) arbitrations and international settlement agreements. As a closely related matter, we have pursued major arbitrations at the WTO and provided counsel on the negotiation of leading international trade agreements.