United States: Delaware

Firms

  • Fish & Richardson
  • Morris Nichols Arsht & Tunnell LLP
  • Richards Layton & Finger PA
  • Shaw Keller LLP
  • Ashby & Geddes
  • Bayard PA
  • Connolly Gallagher LLP
  • Devlin Law Firm LLC
  • Farnan LLP
  • Potter Anderson & Corroon LLP
  • Womble Bond Dickinson (US) LLP
  • Young Conaway Stargatt & Taylor LLP

Ashby & Geddes

Ashby & Geddes has instilled a ‘get to know you’ culture with clients that engenders significant loyalty. Whether instructed directly by in-house counsel or by leading IP firms across the country, the team is conscientious in gaining an understanding of clients’ technologies and business needs, the satisfaction of which it prioritises throughout all phases of patent litigation. Fit for any patent case going, Steven Balick, John Day and Andrew Mayo form a tight-knit crew of strategically and commercially smart litigators.

Bayard PA

Making light work of technically dense cases, Bayard is a perfect fit for Delaware counsel roles in important patent and other IP litigations. Growth in the pharmaceutical practice is a notable recent storyline; the team represents both branded and generic drug companies, affording it deeper insight into the tactics of its opponents. Software and high-technology briefs – also on the increase – are similarly dispatched with aplomb. Lead partner Stephen Brauerman and his colleagues have recently been engaged in extensive Hatch-Waxman litigation on behalf of Sandoz and Teva, under instruction from Goodwin Procter; for Hetero USA and Shilpa Medicare; and for Dr Reddy’s Laboratories. They have also been busy with a series of patent infringement cases for Dynamic Data Technologies regarding imaging and video processing patents. Brauerman takes on a wide range of commercial and IP cases – variety which has refined his pragmatic, results-focused style.

Connolly Gallagher LLP

“Connolly Gallagher can be relied on for the right steer on all issues that come up in patent litigation; and for efficient, knowledgeable representation.” Carrying out its local counsel assignments with the minimum of fuss while always adding value, it is regularly selected by some of the most formidable litigation firms for mission-critical cases. The presence of Arthur G (Chip) Connolly – a third-generation Wilmington lawyer who is deeply rooted in the Delaware Bar and plugged into the federal judiciary – inspires true confidence: “He is even tempered, thoughtful and insightful – the consummate professional.” He has handled numerous pharmaceutical suits recently, including for Hospira, Pfizer and Torrent Pharma; and has also been dialled in on communications matters for HTC and Comcast Cable Communications Management.

Devlin Law Firm LLC

Agile, commercial and cost effective, Devlin Law Firm is a popular pick both for patent litigation and for strategic counselling. The boutique has an enviable hit rate on both sides of the docket – not just in the District of Delaware, but across the United States. Taking centre stage are seasoned advocates Timothy Devlin and James Lennon. The technology-focused Devlin – a fellow of the Litigation Counsel of America – is well known as a leading plaintiffs’ lawyer. Lennon, who co-chairs the trademark practice, has a technical background that also suits him well in complex patent proceedings; leveraging his broad IP knowledge, he keeps all strategic avenues open for clients.

Farnan LLP

Delaware trial boutique Farnan engages in a wide range of commercial and non-business litigation and sees a tremendous amount of action in the courtroom. Highly proficient in patent matters, former local judge Joseph Farnan and Brian Farnan acquit themselves with distinction on complex cases and navigate with an unerring compass towards satisfying business results.

Fish & Richardson

Eminent patent litigation outfit Fish & Richardson has a superb reputation in the First State, just as it does around the country. Its lawyers in Delaware and elsewhere prepare with incredible diligence in pre-litigation and draw upon extensive trial experience to pursue optimal strategies from the moment that a case is filed. Strategic wisdom on the interplay between district court litigation and post-grant proceedings further defines the Fish & Richardson edge. On the frontlines of the practice are Douglas McCann, Jeremy Anderson, Susan Morrison and Martina Tyreus Hufnal, each of whom is worthy of special mention. Leadership is one of McCann’s most distinctive traits – he can inspire and motivate trial teams to achieve their best. Anderson is adept in technology-intensive litigation of all types, not just patent cases, and has cultivated a rich strategic playbook; this is helpful for long-running, hard-fought cases, such as one he is currently litigating on behalf of LG Electronics against Arendi which was filed in 2013 and has since gone through lengthy PTAB and Federal Circuit proceedings. Morrison is “incredibly practical and solutions oriented”, and has “a strong understanding of business”. Hufnal has tried a variety of suits, but has a special affinity for pharmaceutical disputes. Gwilym Attwell, meanwhile, anchors the firm’s highly sophisticated prosecution, counselling and opinions practice locally, while also making pivotal contributions on the post-grant front. He has a background in the life sciences, which remains a core industry focus alongside digital health and medical devices.

Morris Nichols Arsht & Tunnell LLP

Morris Nichols is a force to be reckoned with in Delaware patent litigation. It has a deep bench of crack litigators whose dynamism translates into polished performances in a huge number of pharmaceutical and technology disputes. Capitalising on vast trial experience, the group often prevails through pre-trial motion practice and tactical negotiations, earning credit for its problem-solving efficiency and cost effectiveness. The talisman is Jack Blumenfeld, who needs no introduction as the unequivocal market-leading patent litigator in Delaware. He and rising star Brian Egan have been doing battle for 16 of 40 defendants sued by Midwest Energy Emissions Corp in a patent infringement action concerning patents relating to a process for mercury removal from coal-fired power plants; having secured a motion to dismiss all claims against their clients, they are now seeking to do so again following an amendment of the complaint. Making this a good example of the weight that Morris Nichols can throw behind a big action, Rodger Smith II is representing several additional parties in the dispute along with top Chicago outfit Jenner & Block. Well suited to multifaceted proceedings, too, the team – led by Michael Flynn – is representing ClearOne in proceedings involving patent infringement, false advertising, deceptive trade practices, tortious interference and unfair competition. On the pharmaceutical front, Jeremy Tigan is acting for CyDex in a series of related Hatch-Waxman suits, riding high on winning performances for Galderma Laboratories against various generic pharmaceutical companies; while Karen Jacobs is lead counsel for Sunovian in numerous actions involving seizure drug Aptiom alongside Jennifer Ying, an up-and-coming partner who debuts in the IAM Patent 1000 this year.

Potter Anderson & Corroon LLP

Storied Delaware ensemble Potter Anderson & Corroon possesses a comprehensive IP toolkit and supports innovative companies in many meaningful ways. Unlike most of its peers, it has a presence on the prosecution table in the form of Janet Reed, who heads the IP counselling and transactions practice. Armed with a biochemistry PhD, Reed executes prosecution tasks with precision and manages portfolios with well-designed strategies. The litigation bench is a deep one, headlined by veteran commercial and IP litigators David Moore and Philip Rovner; and patent and IP-focused up-and-comers Alan Silverstein and Bindu Ann Palapura.

Richards Layton & Finger PA

A premier choice for patent litigation, Richards Layton Finger is tried and tested in high-stakes scenarios. In 2019, it handled 83 IP cases filed in the District of Delaware and hasn’t slackened off the pace since, remaining right in the thick of the action when it comes to conflicts over pharmaceutical drugs, medical devices, communications technology and computer-related innovations. Recent co-counsel highlights include representing Gilead Sciences against the US government and acting for Charter Communications against Sprint; while lead counsel roles include defending STMicroelectronics against TriDiNetworks, which filed a complaint alleging infringement of a patent directed to tools and methods for wireless and wired network design installation and formation. Spearheading the Gilead matter, Fred Cottrell and Kelly Farnan form a tailor-made strike force for prestigious clients. Cottrell chairs the IP group and has long been a go-to for titans of technology. Also solid gold in the IAM Patent 1000, Farnan is “smart, highly capable, deeply knowledgeable regarding local judges and an integral member of any litigation team”. Responsible for the STMicroelectronics matter, litigation department vice chair Jeffrey Moyer is a seasoned commercial litigator with a flair for technology cases and licensing disputes.

Shaw Keller LLP

Built from the ground up to litigate patent infringement, trade secret and commercial disputes, Shaw Keller is an agile boutique with an intensity of focus that sees it through the toughest cases. The lawyers here aren’t mind readers, but they do have an instinctive feel for the thinking of Delaware judges and for what juries will find persuasive. John Shaw turns this to his advantage time and again, delivering messages that resonate in courtrooms locally and further afield, including the ITC. He takes the reins in high-technology battles; well prepared for these, too, Karen Keller puts the emphasis on chemical and life sciences matters, for which her background in biochemistry and molecular biology proves useful.

Womble Bond Dickinson (US) LLP

Womble Bond Dickinson has a strong core of life sciences experts in Delaware, placing it in pole position for pharmaceutical patent litigation. Mary Bourke, who captains the firm-wide life sciences group, has vast industry experience which enables her to drive disputes outcomes that fulfil clients’ wider commercial objectives. She recently netted a gratifying result for plaintiff Ferring Pharmaceuticals in a declaratory judgment action for non-infringement in the Southern District of New York’s first fully remote trial, in which the court issued an opinion finding for Ferring, awarding fees and holding Serenity Pharmaceuticals’ patents invalid for written description, enablement and improper inventorship. Supporting on this, savvy ANDA tacticians Dana Severance, Kristen Cramer and Daniel Attaway manage large cases with ease and present them effectively in court.

Young Conaway Stargatt & Taylor LLP

Throughout all phases of patent litigation, Young Conaway’s lawyers demonstrate exacting attention to detail and strategic foresight; they also benefit from keen insight into the local judiciary and further impress with their economical handling of cases. Inspiring leadership is provided by Adam Poff and Anne Shea Gaza, who both garner rave reviews. Of Poff, one source comments: “Adam is the best of the local Delaware counsel I have partnered with; he is someone you can lean on heavily to vet overall case strategies in view of judges’ tendencies and procedures. Any time I have a case in Delaware, I look to partner with him – he is fantastic all round.” “Anne is a fabulous litigator and trial lawyer,” observes another. “She’s a tireless advocate whose work is consistently top-notch.” Among her big-ticket cases, Gaza has represented Seattle Genetics in a successful request to stay Daiichi Sankyo’s district court declaratory judgment action regarding the ownership of incredibly valuable IP rights. Joining her colleagues in the rankings for the first time, Pilar Kraman is a talented litigator and collaborative partner with superb communication skills.

Other recommended experts

Complex commercial and IP litigation is meat and drink to Neal Belgam. The Smith Katzenstein & Jenkins partner is highly experienced in the Delaware counsel role and a favourite of top law firms across the country for disputes involving any technical subject matter. He sees things through the eyes of the companies he represents, thanks to general counsel experience, and understands that litigation is a means to business ends. Faegre Drinker partners Francis DiGiovanni and Geoffrey Zelley are key contacts for litigation and prosecution respectively. DiGiovanni is a perfect fit for multi-layered cases in which patent, antitrust and other issues intersect. Zelley has a refined understanding of life sciences innovation and is a technically gifted lawyer who maintains a heavy workload without dropping the ball on anything. Kenneth Dorsney litigates across the IP spectrum with confidence and poise, but has an affinity for pharmaceutical patent cases. He chairs the IP group at Morris James. Reed Smith senior counsel Rudolf Hutz is one of the most seasoned appellate advocates not just in Delaware, but in the country. He has been in the patent litigation game for more than five decades and is as sophisticated a strategist as anyone. Patricia Rogowski of Rogowski Law is a wonderful patent and all-round IP counsellor, with deep experience in litigation: “Pat’s opportunity spotting fuels white space innovation, leading to optimised coverage and protection. She is quick to react when matters are urgent, precise in sizing up potential problems and effective at devising strategies to tackle them. She has the rare ability to translate legalese into plain English, making it so much easier to make prompt and sound decisions on IP matters.” She also offers “better quality at a better price”.

Individuals: litigation

  • Steven J Balick - Ashby & Geddes
  • Jack B Blumenfeld - Morris Nichols Arsht & Tunnell LLP
  • Fred Cottrell - Richards Layton & Finger PA
  • Kelly E Farnan - Richards Layton & Finger PA
  • Douglas E McCann - Fish & Richardson
  • John W Shaw - Shaw Keller LLP
  • Mary W Bourke - Womble Bond Dickinson (US) LLP
  • Stephen B Brauerman - Bayard PA
  • Arthur G (Chip) Connolly III - Connolly Gallagher LLP
  • John G Day - Ashby & Geddes
  • Timothy Devlin - Devlin Law Firm LLC 
  • Kenneth L Dorsney - Morris James LLP
  • Anne Shea Gaza - Young Conaway Stargatt & Taylor LLP
  • Karen Jacobs - Morris Nichols Arsht & Tunnell LLP
  • Karen Keller - Shaw Keller LLP
  • Andrew Mayo - Ashby & Geddes
  • David E Moore - Potter Anderson & Corroon LLP
  • Jeffrey L Moyer - Richards Layton & Finger PA
  • Rodger D Smith II - Morris Nichols Arsht & Tunnell LLP
  • Jeremy A Tigan - Morris Nichols Arsht & Tunnell LLP
  • Jeremy D Anderson - Fish & Richardson
  • Daniel M Attaway - Womble Bond Dickinson (US) LLP
  • Neal C Belgam - Smith Katzenstein & Jenkins LLP
  • Kristen Cramer - Womble Bond Dickinson (US) LLP
  • Francis DiGiovanni - Faegre Drinker Biddle & Reath LLP
  • Brian Egan - Morris Nichols Arsht & Tunnell LLP
  • Brian Farnan - Farnan LLP
  • Michael Flynn - Morris Nichols Arsht & Tunnell LLP
  • Martina Tyreus Hufnal - Fish & Richardson
  • Pilar Kraman - Young Conaway Stargatt & Taylor LLP
  • James M Lennon - Devlin Law Firm LLC
  • Susan E Morrison - Fish & Richardson
  • Bindu Ann Palapura - Potter Anderson & Corroon LLP
  • Adam W Poff - Young Conaway Stargatt & Taylor LLP
  • Philip A Rovner - Potter Anderson & Corroon LLP
  • Dana Severance - Womble Bond Dickinson (US) LLP
  • Alan Silverstein - Potter Anderson & Corroon LLP
  • Jennifer Ying - Morris Nichols Arsht & Tunnell LLP

Individuals: prosecution

  • Gwilym Attwell - Fish & Richardson
  • Janet E Reed - Potter Anderson & Corroon LLP
  • Patricia Smink Rogowski - Rogowski Law
  • Geoffrey Zelley - Faegre Drinker Biddle & Reath LLP

Luminaries

  • Joseph J Farnan Jr - Farnan LLP
  • Rudolf E Hutz - Reed Smith LLP