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Patent Litigation

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Overview

Our Clients

Katten's Patent Litigation team represents both plaintiffs and defendants in patent infringement actions filed in federal jurisdictions throughout the United States and before the US Patent and Trademark Office (USPTO) and the US International Trade Commission (ITC). Our clients come from a variety of industries, including biotechnology, pharmaceuticals, life sciences, electronics, software, e-commerce and telecommunications.

Our Services

Our attorneys have litigated virtually every type of patent infringement case. Significant parts of our practice involve pharmaceutical patents—we have litigated more than 100 pharmaceutical cases—and electronics/hardware/software/mechanical patents—we have litigated more than 70 such cases.

We have substantial experience representing our clients in multi-defendant cases, including those filed by non-practicing entities. As a result, we know many successful strategies for defending those cases at minimal cost with excellent results. Our litigators routinely defend patent infringement actions in the jurisdictions that are the most popular with patent holding companies, including the Eastern and Northern Districts of Texas, the District of Delaware, the Eastern District of Virginia, the Northern District of Illinois, and the Northern, Central and Southern Districts of California. Our team's track record in the US Court of Appeals for the Federal Circuit is exceptional. For example, in recent years we have secured four decisions from the Federal Circuit invalidating patents asserted against our clients; three of those were pharmaceutical patent cases.

When necessary, we participate in filing international patent infringement actions to protect our clients' businesses in the United States and in foreign jurisdictions. We have also initiated inter partes and ex parte reexaminations and inter partes review of issued US patents in the USPTO and Patent Trial and Appeal Board (PTAB). In addition, we work to minimize the disruptive effects of patent litigation by developing preemptive solutions such as assessing patent claims and helping clients to design around patents.

Our Patent Litigation team is committed to achieving the best results possible in contested matters, whether through litigation, mediation, arbitration or settlement.

Experience
Pharmaceutical
  • Representation of a global pharmaceutical company in both the US District Court for the District of New Jersey and the Federal Circuit in a successful challenge against the patent covering the use of ofloxacin for ear infections.
  • Representation of a global pharmaceutical company in both the US District Court for the Northern District of Illinois and the Federal Circuit in a successful challenge against the patent covering a drug used to treat high blood pressure and angina.
  • Representation of global pharmaceutical company Apotex in a challenge against a patent covering an allergy medication for the eye in the US District Court for the Southern District of Indiana.
  • Representation of a global pharmaceutical company in a patent infringement action involving a pharmaceutical treatment for glaucoma.
  • Representation of a global pharmaceutical company in a challenge against a patent covering a drug used to treat high cholesterol in the US District Court for the District of Delaware.
  • Representation of a multinational pharmaceutical company in an action concerning a proton pump inhibitor in the US District Court for the District of New Jersey.
Software, Electronics and Technology
  • Representation of a fashion retailer in a patent infringement case involving credit card reading system.
  • Representation of a bank and financial services company in a successful PTAB post-grant review defense (and subsequent appeal) regarding covered business methods.
  • Representation of a developer of vascular medical products in a patent infringement action regarding stents.
  • Assistance to a multinational consumer electronics company in a lawsuit relating to predictive text software.
  • Representation of a multinational consumer electronics company in a patent infringement action involving navigation systems.
  • Representation of a pet supply company in a patent infringement case. The Federal Circuit reversed ITC's decision that the asserted patent claim was valid, resulting in a win for our client.
  • Representation of a transportation and logistics services provider in a patent infringement action.
  • Representation of a textile/clothing corporation in a patent infringement action involving method for molding and curing silicone. The US District Court for the Eastern District of Texas stayed the case pending arbitration.
  • Representation of a leader in document technology and services in a patent infringement action relating to software.
  • Representation of a fashion retailer in a multidefendant case involving more than 100 defendants after a favorable claim construction ruling. Achieved dismissal of case against client.
  • Representation of a group of chemical manufacturing companies in a patent infringement action against competitor chemical company.
  • Representation of a market leader in service provider class wireless broadband in a patent infringement action relating to wireless spread spectrum communications systems.
  • Representation of a multinational consumer electronics company as a third-party defendant in a lawsuit relating to wireless telephony.
  • Representation of a multinational consumer electronics company as defendant in patent litigation relating to digital audio recorders.
  • Representation of a multinational consumer electronics company in a lawsuit relating to flip phones with dual displays.
  • Representation of a multinational consumer electronics company in lawsuit relating to smartcards in cell phones.
  • Representation of a multinational consumer electronics company in litigation relating to antenna features.
  • Representation of a multinational consumer electronics company in litigation relating to cellular technology.
  • Representation of a multinational consumer electronics company in litigation relating to mobile phone technology.
  • Representation of a multinational consumer electronics company in litigation relating to various features used in cell phones.
  • Representation of a provider of interactive solutions for education, business and government in a patent infringement relating to interactive classroom learning technology.
  • Representation of a world leader in shape-adaptive structures in a patent infringement action and ITC action involving chemical process.
  • Successful representation of a multinational electronics manufacturer in defense of a patent infringement lawsuit and in inter partes review proceedings before the PTAB.
Firm News
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Newsletters
Spring 2015
Patent Litigation

Recognition

U.S. News Best Lawyers "Best Law Firms" – Litigation – Patent (National)
Litigation – Patent (National), 2012–2018
National Law Journal, Elite Trial Lawyers 2015

IAM Patent 1000

Patent Litigation, 2017
U.S. News Best Lawyers "Best Law Firms" – Litigation – Patent (Chicago)
Litigation – Patent (Chicago), 2012–2018
U.S. News Best Lawyers "Best Law Firms" – Litigation – Patent (Los Angeles)
Litigation – Patent (Los Angeles), 2014–2016
U.S. News Best Lawyers "Best Law Firms" – Litigation – Intellectual Property (National)
Litigation – Intellectual Property (National), 2012–2018
U.S. News Best Lawyers "Best Law Firms" – Litigation – Intellectual Property (Chicago)
Litigation – Intellectual Property (Chicago), 2012–2018

BTI Litigation Outlook 2018

IP Litigation Honor Roll
Chambers USA – Intellectual Property (Illinois)
Intellectual Property (Illinois), 2006–2018

Managing Intellectual Property IP Handbook

"Highly Recommended" firm for intellectual property in Illinois, 2013–2014
U.S. News Best Lawyers "Best Law Firms" – Patent Law (Chicago)
Patent Law (Chicago), 2016

Managing Intellectual Property IP Stars – Patent Contentious (United States)

2017
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Recognition

Litigation – Patent (National), 2012–2018

IAM Patent 1000

Patent Litigation, 2017
Litigation – Patent (Chicago), 2012–2018
Litigation – Patent (Los Angeles), 2014–2016
Litigation – Intellectual Property (National), 2012–2018
Litigation – Intellectual Property (Chicago), 2012–2018

BTI Litigation Outlook 2018

IP Litigation Honor Roll
Intellectual Property (Illinois), 2006–2018

Managing Intellectual Property IP Handbook

"Highly Recommended" firm for intellectual property in Illinois, 2013–2014
Patent Law (Chicago), 2016

Managing Intellectual Property IP Stars – Patent Contentious (United States)

2017

OUR CLIENTS SAY...

"They are extremely responsive, creative thinkers and they are very cost-aware."

Chambers USA 2016
(Intellectual Property)

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Our Clients Say: "They are extremely responsive, creative thinkers and they are very cost-aware."

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