Williams & Connolly 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.

Gold - Firms: litigation

For do-or-die patent litigations – or disputes of any kind – Williams & Connolly’s representation is as much a guarantee of a win as it is possible to get. Its lawyers demonstrate refined tactical expertise along with deep patent law and technical knowledge but, above all, possess the ability to persuade in the courtroom. Setting a fantastic example in all regards, practice co-chair David Berl is one of the best of the best in life sciences litigation. “David is beyond super smart and a thorough, practical lawyer who gives real-world advice – he tells it like it is, which is exactly what clients want. He puts together lean teams that work efficiently and cost effectively, drawing on a stable of top-quality lawyers at his firm.” Another source adds, “He is a high-level strategic and big-picture thinker who can explain the most complex subject matter in the most understandable and relatable way.” He recently won a trial and appellate victory on behalf of Teva Pharmaceuticals in an ANDA litigation concerning its flagship brand produce Bendeka, used to treat chronic lymphocytic leukaemia and non-Hodgkin lymphoma. Several other lawyers here consistently deliver emphatic pharmaceutical successes, including Dov Grossman, Bruce Genderson, Stanley Fisher and Jessamyn Berniker. Grossman has a medicinal chemistry background and capitalises on strong technical expertise; he has linked up with Berl in several recent cases, forming a dynamic team. Genderson and Fisher are representing Merck in a Hatch-Waxman case relating to its blockbuster sitagliptin products brought against more than a dozen ANDA filers; in this, they won a favourable PTAB final decision holding that Mylan had failed to prove the unpatentability of the challenged claims. Genderson puts the value of respect at the heart of his practice; he represents his clientele with the utmost rigour but is never discourteous to his opponents. As well as being a leading trial lawyer, Fisher is also a top FDA regulatory expert. Berniker recently handled an important licence dispute for Ionis Pharmaceuticals, involving a six-day arbitration that returned a victory for her client – one which dealt with the interpretation of a sublicence income provision, which is a hot topic in disputes of this kind. Another expert in patent and licensing cases, Thomas Selby crosses technical divides with agility and litigates life sciences and high-technology cases. He recently put the finishing touch on a federal district court win for Dropbox in a multi-year litigation against Synchronoss Technologies, with success at the Federal Circuit.

Firm Profile

Williams & Connolly’s reputation for handling ‘bet-the-company’ civil litigation at the trial and appellate levels applies equally to the firm’s thriving intellectual property practice. Major corporations including Google, AstraZeneca, Dropbox, Roche/Genentech, Samsung, Pfizer, Intel, Eli Lilly and many others place their trust in Williams & Connolly litigators to handle major intellectual property matters, particularly in patent litigation and related licensing disputes.

About 50 Williams & Connolly attorneys devote a substantial portion of their practice to patent cases, including 16 former clerks of the United States Court of Appeals for the Federal Circuit. Many of our lawyers practising in this area have science degrees, and 14 have been admitted to practise before the United States Patent and Trademark Office.

A major part of Williams & Connolly’s patent litigation practice is representing pharmaceutical companies in Hatch-Waxman pharmaceutical patent litigation.

Williams & Connolly has handled over 100 IPR proceedings, including numerous concurrent with district court proceedings in Hatch-Waxman cases.

Biotechnology/pharmaceuticals

A major part of Williams & Connolly’s patent litigation practice is representing brand-name pharmaceutical companies in Hatch-Waxman and pharmaceutical patent litigation brought under the Biologics Price Competition and Innovation Act against competitors seeking to sell generic and biosimilar versions of brand companies’ drugs. Over the years, the firm has achieved significant successes for many companies in these disputes and others involving a diverse array of highly successful drugs, prevailing numerous times at trial and in the Federal Circuit.

Electronics and software

The firm handles major patent and licensing matters in the electronics and software fields. The firm routinely serves as counsel in trial courts and the Federal Circuit, as well as in international arbitrations, on behalf of major technology firms including Samsung, Google, Dropbox, Acer, ASUS, Motorola, AOL and Intel.

Medical and mechanical devices

The firm has handled or is handling a number of significant patent and licence disputes concerning a wide variety of devices, including surgical instruments for cancer diagnosis and treatment, implantable defibrillators, marine seismic survey technology, laser hair removal equipment and biosensors for blood testing.

Inter partes review/patent office disputes

The firm has handled close to 100 inter partes review proceedings before the US Patent and Trademark Office, and our lawyers currently serve as lead counsel in a number of inter partes reviews for both patent owners and petitioners. Many of the inter partes reviews handled by the firm involve parallel district court litigation. The firm has served as counsel in other patent office proceedings of strategic importance to the firm’s clients, including interferences.

Other proceedings

William & Connolly’s patent experience is also brought to bear in other contexts. For example, the firm has been lead counsel in multiple antitrust matters involving allegations of unlawful settlements of Hatch-Waxman litigation, including in the first-class action antitrust trial involving claims for ‘pay-for-delay’ after the Supreme Court’s decision in FTC v Actavis. Williams & Connolly has also been retained on numerous occasions by other major law firms accused of malpractice resulting from patent litigation or prosecution.

In the past year, the firm received the award for Hatch-Waxman Litigation Firm of the Year – Branded and Hatch-Waxman Impact Case of the Year from LMG Life Sciences. Additionally, Law360 named Williams & Connolly among the Life Sciences Practice Groups of the Year. The 2021 edition of IAM Patent 1000 recognized Williams & Connolly’s patent litigation practice as among the top ten leading patent practices nationally and among the top seven practices in Washington, DC.

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