Russell Chorush

Ranked in United States: Texas
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 - Individuals: litigation

Heim, Payne & Chorush is a high-powered patent litigation firm that punches well above its weight in numbers and has a striking hit rate in the cases that matter most to clients. Its lean approach intensifies the strategic focus and enhances cost effectiveness, which translates into favourable results and refined customer care. Its committed, clued-up partners play a hands-on role: unless matters are transferred to them from other counsel at a late stage – a not-uncommon occurrence – individuals such as Michael Heim and Leslie Payne don’t just parachute in at the last minute, but get to know the intimate details of their cases, ensuring the confident presentation of the most dispositive issues at trial. Heim has scored big against some of the technology world’s top players and is a practice innovator in terms of staffing models and flexible fee arrangements – all of which endears him immensely to those he represents. Cut from similar cloth, Payne is always up to speed on the latest legal, technology and business trends and developments, and adjusts his strategies with agility accordingly; he has impeccable trial and appellate credentials. Heim, Payne & Chorush also scores highly for its technical prowess, key contributors in this regard being Eric Enger and Russell Chorush. Enger is a former National Instruments and Dow Corning engineer who manages cases with finesse and can communicate the densest technical concepts to triers of fact; while chemistry PhD Chorush masters the science in the complex pharmaceutical suits he takes charge of. In different configurations, these partners band together to superb effect: Payne and Enger recently secured a favourable settlement for WiLAN in patent infringement litigation against LG; Heim and Payne hammered out a satisfying settlement for Red Rock Analytics in an infringement suit against Apple; and Chorush, Heim and Enger represented a class of direct purchasers of Alzheimer’s drug Namenda accusing Allergan of abusing patent laws in a reverse payment scheme to keep generics off the market, which led to a $750 million settlement – one of the largest ever by a single drugmaker in an antitrust case.

Russell Chorush's Profile

Russell Chorush is a co-founder of Houston-based Heim, Payne & Chorush, a patent litigation boutique that is known for its sophisticated and effective litigation related to patent infringement and patent-related antitrust work. Mr Chorush is a true pioneer in patent-related antitrust litigation against pharmaceutical companies under the Sherman Antitrust Act and FTC v Actavis Inc, 133 S Ct 2223 (2013). He plays leadership roles on multi-firm teams and has assisted in securing groundbreaking recoveries in excess of $1 billion, prevailing in every case he has tried to final decision. With a PhD in chemistry, Mr Chorush is uniquely qualified to handle patent-related antitrust litigation on behalf of direct purchasers and retailers that are harmed when pharmaceutical manufacturers abuse patent laws for an unfair competitive advantage.

Prior to attending law school, Mr Chorush served as a laboratory manager for Texas Instruments Inc (TI) and Air Liquide Corporation. He is a co-author of the book Handbook of Chemicals and Gases for the Semiconductor Industry, as well as a number of published articles and is a named inventor on several patents assigned to TI. He is an author of six published articles in peer-reviewed journals, including the Journal of the American Chemical Society, Analytical Chemistry and the Journal of Mass Spectrometry. He received his PhD in analytical chemistry from Cornell University in 1994 and a BS in chemistry from the University of Texas at Austin in 1989.   

Firm Profile

Heim, Payne & Chorush (HPC) represents plaintiffs and defendants nationwide in patent and antitrust litigation in a broad range of technologies. HPC attorneys have proven technical and legal skills that enable them to handle all facets of IP disputes and obtain the best possible results for clients.

The firm provides counsel to large and small business entities, as well as individuals at both the state and federal levels regarding IP litigation. The firm has also developed extensive expertise in representing clients in post-grant proceedings at the US Patent and Trademark Office, including inter partes review proceedings, re-examinations and other contested proceedings. The firm employs attorneys holding various types of technical degrees and having the legal and technical expertise to handle highly complex cases.

The founding partners each have vast experience in evaluating patent portfolios and developing strategies to enforce and license those portfolios. They are skilled litigators, able to understand and explain highly complex technical and legal issues to judges and jurors, and are known in the patent community for their abilities and results. The firm also has a tremendous amount of experience in patent infringement cases relating specifically to antitrust cases in the pharmaceutical industry. Again, the founding partners have invaluable experience in evaluating and developing strategies to successfully navigate these antitrust cases.

The firm’s attorneys have the specific education and experience for prosecuting and defending actions in the federal and state courts, both at the trial and appellate levels in the IP areas relating not only to infringement, but also to unfair competition, trademark infringement, copyright infringement, trade secret misappropriation, breach of contract, non-compete covenants, tortious interference, fraud and other areas.

The firm often shares the risks and rewards with clients, thereby aligning interests to produce a more synergistic relationship. HPC attorneys devote a significant portion of their time to litigation under fee agreements that link the fees to the results achieved. In addition to standard hourly rate arrangements, the firm has developed fee arrangements with clients that range from partial contingent fees that reduce hourly rates for a stake in the outcome, to full contingent arrangements. On the defence side, the firm is open to using reverse contingent fee arrangements where the amount saved for clients determines compensation.

HPC attorneys treat every case as a representative model of the firm’s abilities and integrity, and work on behalf of clients has resulted in the successful resolution of several nationally and internationally publicised cases. HPC takes pride in its ability to partner with other attorneys and firms to bring the best possible trial team together for the benefit of the client. That is why so many clients and co-counsel contact HPC when they have a new case.

Each HPC attorney has one or more degrees in electrical engineering, computer engineering, chemical engineering, aerospace engineering, physics, chemistry or biochemistry, and many are registered to practise before the US Patent and Trademark Office. Six HPC attorneys have completed judicial clerkships at venues including the US District Court for the Eastern District of Texas, the Southern District of Texas and the US Court of Appeals for the Federal Circuit. In addition to the Chambers USA recognition in Intellectual Property Litigation, HPC is ranked among the best in IP Litigation and Patent Litigation by US News & World Report and Best Lawyers in America.

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