Skiermont Derby LLP is a litigation boutique with offices in Dallas and Los Angeles. The firm practises in state and federal courts throughout the United States and has extensive experience litigating all types of IP claims, including those asserted in combination with related claims of antitrust, contract disputes, defamation and unfair business practices, as well as actions including copyright infringement, trademark and trade dress claims, trade secret misappropriation, rights of publicity and privacy, false advertisement and unfair competition, internet domain name disputes and cybersquatting.
The firm has a successful track record assisting companies that have been accused of patent infringement and supporting inventors and businesses during patent enforcement and monetisation. Our experience spans many technical fields, including aerospace, pharmaceuticals, biotechnology, telecommunications, computers, consumer electronics, e-commerce, natural language processing and speech recognition, among others.
The firm also has a thriving practice in pharmaceutical patent litigation in both federal district courts and before the Patent Trial and Appeal Board. The firm has substantial experience litigating Hatch-Waxman patent cases on behalf of both brand and generic drug companies involving many different drugs, including YAZ®, Alimta®, Treanda® and ella®. The firm also represents direct purchaser clients in pharmaceutical antitrust litigation arising from brand/generic settlements of Hatch-Waxman patent litigation, including the In re Loestrin 24 FE antitrust litigation.
We have substantial lead counsel inter partes review experience on behalf of both patent owners and petitioners who are challenging patents. With regard to petitions, the firm represents the Coalition for Affordable Drugs in inter partes review proceedings challenging brand patents covering Ampyra® and Revlimid®, and also represents Neptune Generics in its challenge against the sole Orange Book patent protecting Alimta® from generic drug competition. With regard to patent owners, the firm successfully defeated the institution of three petitions that Apple had filed against our client Rensselaer Polytechnic Institute’s natural language processing patent. Our firm can carefully weigh the pros and cons of filing an inter partes review petition. We are equipped to handle every aspect of the inter partes review proceeding for both patent owners and petitioners.
Our firm philosophy is Complexity Simplified® because we never forget that judges and juries who decide winners and losers in court can be persuaded only by facts and arguments they understand. From the moment we are retained as trial counsel, we start to visualise the complex aspects of the case and develop powerful trial demonstratives and graphics to make our trial themes accessible to the judge and jury. We begin each new case by envisioning its end: the closing argument, summary judgment motion and final appellate brief. Using this vision of how we expect to win, we develop and execute a focused roadmap to trial and beyond.
In addition to our role as trial lawyers, we understand that our clients need trusted advisers. While our objective is to provide the highest-calibre litigation and trial services, the only way to accomplish this goal is to understand and achieve our clients’ overarching business strategies and objectives. Working with our clients, we think creatively to develop strategic alternative solutions. Sometimes a ‘win’ means finding a creative way to avoid a dispute altogether, while other times it means turning a dispute into a new business opportunity or simply finding a way to control legal costs.
But for some commercial disputes, the only way to ‘win’ is to succeed in court – those are the cases we live for.
Skiermont Derby LLP was formed to be on the shortlist of law firms that clients call when they need experienced trial lawyers.
2200 Ross Avenue
Dallas TX 75201
Paul J Skiermont, Partner
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