Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Finnegan, Henderson, Farabow, Garrett & Dunner LLP is one of the world’s largest firms focusing on IP law. With offices in the United States, Asia and Europe, Finnegan practises all aspects of trademark, copyright and patent law, including counselling, prosecution, licensing and litigation. Finnegan also represents clients in IP issues relating to advertising, trade secrets, European patents and trademarks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust and unfair competition.

Finnegan offers full-service IP legal and technical experience in virtually every industry and technology, including consumer products, sports and fitness, textiles, food and beverages, automotive, biotechnology, pharmaceuticals, life sciences, chemicals, electronics, semiconductors, computers and software, industrial manufacturing, medical devices, clean energy and renewables, robotics, artificial intelligence, media and three-dimensional printing.

With its practice centred on intellectual property, the firm is able to create economies of scale and focus all resources on providing the best tools, practices and procedures for clients’ IP matters. More than 300 of Finnegan’s legal professionals hold degrees in scientific disciplines (over 60 hold PhDs), more than 200 are registered to practise before the US Patent and Trademark Office (USPTO) and nearly 40 are former USPTO patent examiners. With more than 50 years’ IP experience, Finnegan handles hundreds of litigation cases across the spectrum of IP-related venues, including district courts, the US International Trade Commission (ITC), the USPTO’s Patent Trial and Appeal Board (PTAB), the Federal Circuit and the US Supreme Court. Being one of the first firms to file a petition and subsequently argue a post-grant review of a covered business method case following the implementation of the America Invents Act, Finnegan is one of the busiest law firms representing petitioners and patent owners in post-grant review proceedings, with more than 90 covered business method reviews, more than a dozen post-grant reviews (relatively few of which have been filed) and more than 900 inter partes review proceedings. The firm files approximately 2,500 US and 1,000 foreign patent applications annually.

Surveys conducted by legal and business publications consistently rank Finnegan as one of the leading IP law practices in the world. The firm is consistently ranked in the United States for contentious and prosecution patent and trademark work by publications including Managing Intellectual Property and The Legal 500, which have ranked Finnegan as a top-tier firm in nearly every significant IP category for more than 10 years. The publications cite the firm’s winning record, technical expertise and deep bench of talent in all aspects of IP litigation, including trials, appeals and proceedings at the USPTO and in ITC investigations.

Representative engagements

  • Handled appeal after TCL received an unfavourable judgment of wilful infringement in district court, which resulted in a damages award of over $110 million. Convinced the Federal Circuit that the claims were patent ineligible under 35 USC § 101. The court reversed the district court’s ruling of no invalidity, vacated the entire judgment and awarded costs to TCL. Finnegan further persuaded the Eastern District of Texas to tax $2.35 million in costs.
  • Represented petitioner DJI at the PTAB in a series of inter partes reviews against five Synergy Drone patents, resulting in cancellation of all 76 claims related to unmanned aerial vehicles.
  • Appealed adverse inter partes review decision to the Federal Circuit for Kaken Pharmaceuticals and Bausch Health, arguing that the final written decision finding the patent obvious/unpatentable was based on an erroneous claim construction ruling. The Federal Circuit overturned the PTAB’s claim construction of a key term in the patent, reversing the finding of obviousness that led to the finding of unpatentability and remanding to the PTAB.
  • Convinced the Federal Circuit to vacate and remand adverse PTAB decisions for client FOX Factory, finding the patent owner was not entitled to any presumption that the patented invention (related to bicycle chainring technology) was responsible for the alleged secondary considerations. On remand, the PTAB found all of patent owner’s claims unpatentable.
  • Provided strategic worldwide IP counselling to Vertex with a focus on Vertex’s Food and Drug Administration-approved cystic fibrosis products, including Kalydeco®, Orkambi® and Symdeko®, as well as several preclinical compounds, for several still-expanding patent portfolios protecting these approved and future products for treatment of cystic fibrosis.

Contact details

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
901 New York Avenue
North West
Washington DC 20001-4413
United States

Professional contacts

Other offices

  • Atlanta
  • Boston
  • London
  • Palo Alto
  • Reston
  • Seoul
  • Shanghai
  • Taipei
  • Tokyo

Sample client list

  • AstraZeneca
  • Eli Lilly
  • FedEx
  • FIS
  • Google
  • LG
  • Nestlé
  • Otsuka
  • Philips
  • SharkNinja
  • Sprint
  • Toyota

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