Arnold & Porter

IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

Silver - Firms: litigation

Arnold & Porter is one of the most sought-after founts of IP expertise in the life sciences industry and a premier destination for big-ticket pharmaceutical and medical device patent litigation. In-house counsel speak in glowing terms about the group, which “doesn’t approach litigation as a theoretical exercise but as a practical means to achieve a commercial outcome. Working with the team, you get a very clear sense of the risks and rewards that come with different strategies, which is hugely valuable when you’re managing litigation from a business perspective.” Many instructions land on the desk of Deborah Fishman, who is known for her razor-sharp advocacy. She is a lead member of a well-specced California, New York and DC team of elite professionals defending Regeneron’s patents protecting EYELEA, a product that generates $8 billion in yearly revenue. Michael Berta lends weight to pharmaceutical representations but leans towards high-technology and computer-focused cases. Taking on diverse cases he stays sharp and ready for anything, and recently masterminded a design patents win for Crocs at the Federal Circuit. The firm’s technology transactions offering recently took a hit following the departure of DC-based Susan Hendrickson, who now serves at Harvard University’s Berkman Klein Center for Internet & Society as executive director. However, it remains strong under the leadership of Thomas Magnani. “Tom is extremely knowledgeable and detail oriented and 100% plugged into the competitive markets in which his clients operate.” Among his patrons is high-growth, IP-focused company Fullpower Technologies, which is innovating in the Internet-of-Things and AI space; he recently advised it in a number of strategic partnerships, including with Nike.

Recommended - Firms: transactions

International law firm Arnold & Porter has sustained its reputation for IP transactional work, particularly in the life sciences realm, with the past year seeing it work on a range of collaboration agreements for the likes of Pfizer. Leading the charge is Ewan Townsend, who thrives when dealing with IP issues in relation to pharmaceutical transactions, the commercialisation of medicinal products and the related regulatory issues. One client of 20 years calls him “one of the brightest and most user-friendly advisers on the London market”. Anchoring the litigation side of the practice meanwhile is Beatriz San Martin – entrenched in the life sciences industry, she fights hard in patent and supplementary protection certificate (SPC) disputes and has developed a firm understanding of burgeoning technologies like synthetic biology and cell and gene therapies. “If Beatriz does not instantly know the answer to questions or new scenarios, she knows where to go to find the best resources. She has a keen, enquiring mind, with a view to getting to the bottom of each situation, ensuring that she has considered all options. She never gives an answer that is not fully thought out, or wellresearched.”

Recommended - Firms: prosecution

Recommended - Firms: transactions

Silver - Firms: litigation

Arnold & Porter has built up a reputation for providing bulletproof representation in the courtroom, particularly having reshaped the medical device industry through its trial wins but also through the significant impact its decisions have had on the high-technology world. The driving force behind its success is Matthew Wolf, a top-tier trial lawyer and dynamite presenter who recently added a Supreme Court win to his résumé; he prevailed there for long-time patron Hologic on the issue of assignor estoppel, the doctrine being upheld in a majority opinion. This arose in the context of Hologic’s dispute with Minerva Surgical, in which Wolf and his team have secured many other successes. Integral to this effort, Jennifer Sklenar also has outstanding leadership and advocacy skills. “Jennifer is detail oriented, pragmatic and an excellent communicator. She has a great sense around materiality and knows what issues are worth focusing on and the best strategies for them.” Arnold & Porter marries litigation potency with prosecution mastery, making it a top all-rounder in the practice. David Marsh is an eminent counsellor to the life sciences and medical device industries. “David is enthusiastically willing to get to know his clients’ technology and business strategy, allowing him to get patent claims that have real commercial value.” He dials in his advice perfectly for companies who are completely rethinking the pharmaceutical manufacturing process and innovating at the cutting edge of drug development. He leans into the litigation effort and is part of a coast-to-coast team representing Regeneron in defending against challenges to its patents for blockbuster drug EYELEA.

Silver - Firms: litigation

Recommended - Firms: transactions

For legal market watchers it has been exciting to see Arnold & Porter’s success in the courtroom over recent years; it has put in resonant performances for innovation leaders in disputes that really matter at a technical, legal and business level. Essential to this story are the contributions of New Yorkers Daniel DiNapoli, Aaron Stiefel and Dan Reisner, who have a vast amount of collective experience. DiNapoli and Stiefel, meanwhile, have been representing Pfizer in Hatch-Waxman litigations in defence of blockbuster products under its Xeljanz brand. The firm has a longstanding relationship with Pfizer and has produced sterling results relating to many of its products, including Viagra and Celebrex, in much of which Reisner has also been involved. Reisner is a dynamic trial lawyer with skills, knowledge and experience cutting across life sciences and tech.

Bronze - Firms: litigation

Arnold & Porter’s profile in Chicago has skyrocketed since the August 2020 arrival of Christopher Renk and Michael Harris. As experienced, cool, calm and collected advocates, they have slotted right in as a dynamic component of a potent national patent litigation practice. “Michael and Chris are simply the best! They are intelligent but humble lawyers and good people who can explain complex legal and technical topics to a Fortune 500 CEO or a kindergartener.” One source comments: “I’m proud to have them represent our family of companies.” Recently they have handled a design patent lawsuit on behalf of Nike against Skechers.

Silver - Firms: litigation

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