Ameet A Modi

Partner at Desmarais LLP
Ranked in United States: California
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.

Bronze - Individuals: litigation

When it comes to high-stakes patent litigation, New York outfit Desmarais is hard to beat. Capable of taking on the toughest suits involving the widest range of subject matter, its trial lawyers make all the right plays while offering flexible and innovative fee arrangements specced to fit the needs of those they represent. The ensemble’s stature in California has increased considerably thanks to the efforts of San Francisco lawyers Peter Magic and Ameet Modi. Alongside national superstar John Desmarais, they have recently been defending Verizon against patent infringement claims made by Huawei relating to network infrastructure and internet and wireless communication technology; and defending Apple in a suit filed by nCap Licensing. Both Magic and Modi can be counted on for smart strategic calls in the preparation phase of litigation, as well as for resonant performances at trial. They were recently joined by former Ropes & Gray partner Gabrielle Higgins, a career patent litigator and trial lawyer with vast PTAB experience.

Ameet A Modi's Profile

Ameet A Modi is a trial lawyer who focuses on complex patent and technology-related cases. He has led teams through all phases of litigation in a variety of industries, including computer and mobile-device hardware and software, telecommunications, e-commerce, pharmaceuticals and medical devices. Mr Modi has been with Desmarais LLP since the firm’s inception in 2010 and has been a partner since 2017.

Mr Modi’s recent work for defendants includes his representation of Apple to secure complete dismissal of two lawsuits (spanning six patents) filed by VoIP-Pal.com Inc. In each case, the court granted Apple’s motion to dismiss all patent infringement allegations on the ground that the patent claims failed to satisfy Section 101. Mr Modi also was a member of the trial team that successfully defeated VirnetX’s patent infringement claims against Cisco, securing a rare complete defence verdict in the Eastern District of Texas, bringing an end to VirnetX’s $258 million claim against Cisco. In addition to his litigation work, Mr Modi regularly assists clients in negotiating settlement and licence agreements, and has represented and counselled clients on strategic patent licensing and inter partes review proceedings.

Mr Modi also has substantial experience working on complex life sciences disputes. Leveraging his background in molecular biology, Mr Modi has represented and advised GlaxoSmithKline, Boston Scientific Corporation and others in cases involving pharmaceuticals and medical devices.

Mr Modi is a co-chair of Desmarais LLP’s diversity and inclusion committee and is centrally involved in the firm’s diversity and attorney recruiting efforts. In those capacities, Mr Modi co-directs the firm’s efforts to ensure that attorneys from all backgrounds receive substantial professional opportunities and access to clients. Each year since 2017, Mr Modi has been recognised as a “Top Rated Intellectual Property Attorney” by Super Lawyers. In 2020 Mr Modi relocated to California to help further build the firm’s office and presence in San Francisco.

Education

  • Columbia Law School, JD, 2008
  • University of California, Berkeley, BA, molecular and cell biology, 2003
Firm Profile

Desmarais LLP is a trial boutique focused on the litigation of complex, often technology-driven disputes. Our lawyers have successfully tried some of the most important IP disputes in recent times for some of the largest companies in the world. We also handle significant appellate matters, having argued the appeal of numerous cases that have shaped the substantive direction and development of IP law.

Clients

Desmarais represents a diverse set of clients, including both plaintiffs and defendants, in a wide variety of technology areas. Our clients include Fortune 100 companies which rely on us to protect their most important IP assets and to defend them against claims that jeopardise their critical business interests. In addition, we represent smaller entities, including individuals, that seek to enforce the exclusive rights in their inventions or technology.

Litigation

Our firm handles all stages of litigation and we have significant trial experience in every major forum for technology disputes in the United States. We have successfully tried cases before juries and judges throughout the country, as well as before administrative bodies (including the International Trade Commission) and arbitration panels. At the appellate level, we have successfully briefed and argued cases before numerous appellate courts, including the Court of Appeals for the Federal Circuit.

Desmarais and its lawyers have been consistently recognised in industry publications as leaders in its areas of practice, and virtually all are technically trained, with degrees in engineering or the sciences. In addition, the firm boasts an unusually deep bench of lawyers with real-world jury trial experience, particularly in the nation’s busiest districts for patent litigation. Whether for jury trial, bench trial or appellate argument, in whatever jurisdiction, our focused approach will bring a lean team of experienced and creative professionals dedicated to achieving clients’ business goals.

Although the cases that we litigate span a wide range of subjects, Desmarais’s practice centres on technology-related disputes. Our lawyers have achieved successful trial results for clients in dozens of patent infringement cases, concerning technologies as diverse as semiconductors, telecommunications and networking, computer software, consumer electronics, pharmaceuticals, medical devices, biotechnology, chemicals and transportation. On appeal, we have preserved both offensive and defensive victories for our clients in various subject matter areas, obtained reversal of adverse results and steered the development of substantive law in our clients’ interests.

Our technology litigation expertise extends well beyond patent infringement cases. We have also successfully litigated, for both plaintiffs and defendants, a wide range of other technology-driven disputes, including antitrust, unfair competition, trade secret, fraud and contract claims. Further, even beyond technology matters, we have built a strong track record of litigation success in other IP areas. For example, our attorneys have successfully conducted trials and appeals in high-profile trademark, trade dress and counterfeiting matters.

Innovative fee structures

In addition to our record of success, our flexible and innovative approach to fee arrangements sets us apart from other top-tier firms that handle the same types of large, complex litigation. We have abandoned the traditional (and frequently inefficient) billable-hour approach in favour of fee arrangements more closely tailored to clients’ interests. For clients that want predictability, our fee structures will accommodate a flat fee negotiated at the outset. For those interested in a shared-risk approach, we are open to contingent fee arrangements and hybrid fee structures tailored to meet the needs of our clients and the case.

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