Arnold & Porter Kaye Scholer LLP

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’s patent litigation team has been on a superb run of form in recent years, which speaks to the talent of its trial lawyers and the quality of the support and resources they have to draw on. It is entrusted with significant cases of critical importance to the parties involved – and with good reason, as it has individuals such as Deborah Fishman and Michael Berta on deck. Silicon Valley-based Fishman is in her element in complex life sciences suits and has lately been serving as lead counsel defending two of Regeneron’s patents protecting blockbuster drug Eylea against an ex parte re-examination challenge. In this, she is acting alongside brilliant prosecutor, counsellor and post-grant lawyer David Marsh from the DC office in a great example of the solid teamwork in which the firm’s practitioners constantly engage. Berta has continued to perform flawlessly for Google and recently scored a comprehensive victory for the internet giant in a case implicating Google Maps and Waze-related technologies. Arnold & Porter also excels on commercial IP briefs, many of which land on Thomas Magnani’s desk in San Francisco. “Tom’s skills as a technology transactions lawyer are virtually unparalleled – he is practical, innovative and business minded.” His trailblazing clients include Fullpower Technologies, which is at the forefront of AI biosensing; Magnani has supported the company in connection with numerous strategic partnerships, including with NIKE.

Silver - Firms: litigation

Recommended - Firms: prosecution

Recommended - Firms: transactions

High-stakes patent litigation is meat and drink to Arnold & Porter, which has built up a real head of steam following victory after victory. Many of these have been delivered by Matthew Wolf, “one of the best you’ll ever see on his feet in the courtroom”: “He is a wonderful first-chair trial lawyer and appellate advocate who can adapt quickly as matters evolve.” Recent highlights include a complete jury win invalidating the patent claims brought by bioMerieux against clients Hologic and Grifols – claims which were anticipated by Hologic and Grifols’s earlier work developing market-leading assays for screening the worldwide blood supply for disease. Wolf also achieved a full victory in a closely followed biotechnology case in which Amgen sought billions in damages and a permanent injunction against the sale of clients Sanofi and Regeneron’s cholesterol-reducing drug Praluent. In this, he convinced the jury that two of the five patent claims asserted were invalid and had post-trial motions granted finding the other claims invalid for lack of enablement; this was upheld by the Federal Circuit in February 2021. No lone wolf by nature, he recognises the value of teamwork and collaboration, and leans on all the right people. Jennifer Sklenar is a valued colleague locally with whom he partnered on the Hologic matter; a “responsive, knowledgeable and dedicated lawyer with an excellent grasp of technology as well as trial skill”, the IP group co-chair debuts in the IAM Patent 1000 for 2021. She earns further praise for “finding solutions that are compatible with wider business strategy”. Arnold & Porter also provides extensive representation in patent prosecution and associated contentious matters, with David Marsh the centre of gravity for this practice. He represents Bayer in prosecuting patents that are critical to the protection of key DNA breakthroughs in the field of plant genetics. Major strings to his bow – and valuable ones in connection with the Bayer work – are his proficiency in both US post-issuance proceedings and European oppositions, and his all-round global strategic IP percipience. There’s yet more on offer at the firm, which has additionally cracked the code of patent and technology commercialisation. Co-leading operations is this area is Susan Hendrickson, a smooth broker of life sciences and high-technology deals. She recently represented the American Red Cross in connection with joint venture, licensing and services agreements with OneBlood to form ARC-One Solutions, a software company focused on the management of blood supplies. Joining her in the guide this year is life sciences ace Kristen Riemenschneider, who provides vital assistance to companies engaging in US government-funded R&D. “Kristen does a fantastic job overseeing valuable and complex transactions. Extremely smart and a tough negotiator who handles pressure well, she is an essential deal team member with exceptional industry knowledge.”

Bronze - Firms: litigation

Arnold & Porter has been one of the highest achievers in US patent litigation in recent years: its seasoned lead counsel put in textbook performances in impactful cases to get great outcomes for clients. Looking to continue this form, it added a hugely capable strike force in Chicago in August 2020 by recruiting Christopher Renk and Michael Harris from Banner Witcoff. Adept at handling all types of IP cases in all forums, they act for discerning players such as Nike, which they have successfully represented in numerous suits – including a recent Federal Circuit affirmance of a favourable PTAB decision in a high-profile action filed by Adidas in a bid to invalidate patents directed to Nike’s famous FlyKnit technology.

Silver - Firms: litigation

Recommended - Firms: transactions

Arnold & Porter thrives in the cut and thrust of pharmaceutical and biotechnology patent litigation and is a go-to for representation in the most complex and highest-exposure cases. One look at its line-up in New York settles any nerves: David Barr, Daniel Reisner, Aaron Stiefel and Daniel DiNapoli bring a tremendous amount of experience to the table and have seen and done it all before. Coming in for praise, Barr is a “detail-oriented lawyer and deep thinker who is excellent on the technical aspects of his craft”. He recently linked up with DC’s Matthew Wolf to win a jury trial for Hologic and Grifols against bioMerieux regarding blood-screening assays. He and Reisner – as well as Wolf and Silicon Valley partner Deborah Fishman – also secured a major victory for Sanofi and Regeneron against Amgen, which had sought billions in damages and a permanent injunction against the sale of Sanofi and Regeneron’s cholesterol-reducing drug Praluent. Stiefel and DiNapoli, meanwhile, have continued their sterling representation of Pfizer against generic challenges to multiple blockbuster drugs, including Xeljanz, Viagra and Celebrex.

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