Kirkland & Ellis LLP

Kirkland & Ellis LLP has a 110-year history of providing exceptional service to clients around the world in complex IP, litigation, corporate and tax, restructuring and counselling matters.

We are trial lawyers who try patent infringement cases before juries, judges and arbitrators. We represent clients in end-to-end, strategic disputes with their keenest and most aggressive competitors, and our lawyers are often called upon to right the ship in high-stakes cases. We have extensive experience trying cases in venues across the country where patent infringement cases are most often litigated, including district courts, the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB). In addition, our premier appellate attorneys brief and argue high-stakes cases in the US Court of Appeals for the Federal Circuit and the US Supreme Court, protecting our clients’ IP interests at the appellate level.

Trial readiness is a cornerstone of all litigation disciplines practised at Kirkland, and we believe that the best litigation results – whether achieved in court or across the bargaining table – occur where Kirkland and the client act on the assumption that the case will go to trial. We focus on trial strategy and themes from the beginning of a case. While most cases settle before trial, strong trial-based case development optimises the chance of favourable settlements by yielding pre-trial victories and signalling to the adversary that our client is unafraid to try the case if necessary to protect its interests. Kirkland’s trial-oriented approach is possible due to our deep bench of experienced trial lawyers and our uncommon commitment to training our junior lawyers. Our approach is particularly effective given our emphasis on close coordination with the in-house team. Indeed, we appreciate that litigation is not an end in and of itself. It is instead a means to a business end, as defined by our clients.

Kirkland’s roots in the patent litigation field date back to more than four decades. During that time we have introduced law that has become critical to patent infringement strategy. Kirkland obtained one of the first exclusionary orders on downstream products in the ITC. As another example, Kirkland developed legal series related to patents and standards-setting organisations. We were the first to participate in a Markman hearing following the Federal Circuit’s decision in Markman v Westview Instruments, which placed the duty of construing disputed patent claim terms in the hands of a judge. To this day, we remain at the forefront of Markman hearing practice, advancing our clients’ strategic aims in this very important procedural context.

In addition to our premier patent litigation discipline, our practice is unique with the respective disciplines of our patent-focused work, including patent and technology licensing, patent pledges, patent pools and other IP monetisation deals, including secured financing with patents as collateral. We also focus on identifying and structuring unique technology and IP aspects of corporate transactions, particularly in situations that include IP-intensive transactions, such as patents and patent portfolios. Our team also includes a number of registered US patent attorneys.

Contact details

Kirkland & Ellis LLP
300 North LaSalle Street
Chicago IL 60654
United States

Professional contacts

Other offices

  • Beijing
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  • Shanghai
  • Washington DC