When cases involve highly technical or science-based issues, it is essential that your legal team understand the subject matter of the dispute as well as the case law and procedural nuances specific to intellectual property law. Finnegan’s singular focus on IP gives clients a distinct advantage, because unlike other types of litigation, patent cases are often resolved before a trial ever begins. Claim construction, prior art searches, evaluations of a patent’s strengths and weaknesses, invalidity challenges, reexamination alternatives, building a damages strategy, identification of experts—these are just a few of the issues that can predetermine the outcome of a patent litigation.
We work with clients to help align litigation strategy with business goals, which might mean settling on reasonable terms as early as possible, or alternatively, sending a message to industry competitors through aggressive enforcement or defensive strategies. In our experience, a good settlement can often result in advantageous business solutions. As circumstances warrant, we assemble a skilled team from our deep bench to assist with crafting settlements before, during, and after trial so the litigation team can remain focused on the trial. Historically, some of our most significant achievements for clients have been attained through tactics that allowed them to meet their business and financial goals without the risks attendant to having a judge, jury, arbitration panel, administrative board, or appellate panel decide their future.
When trial is the best or only option, Finnegan brings the right mix of technical expertise and trial and appellate experience. For nearly 60 years, we have successfully litigated hundreds of cases involving the most technologically advanced and complex patents and argued the decisions on appeal by intentionally setting the trial record and fully preserving issues.
We have patent professionals who hold Ph.D.’s in fields ranging from neurobiology to electrical engineering, and more than a hundred hold master’s degrees. Before and during trial, our knowledge and intellectual firepower are applied to make the most intricate issues easily understood and to undercut the opposing side’s arguments. We build and present cases that are accurate, understandable, and persuasive.
We know the forums for IP disputes because we have successfully argued cases in the top IP venues, including in German regional civil courts, U.S. district courts, the German Federal Patent Court (FPC), the U.S. International Trade Commission (ITC), the U.S. Court of Federal Claims, the German Federal Court of Justice (FCJ), the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. We have also worked at these courts and agencies, and many of our professionals have backgrounds as judicial law clerks in trial and appellate courts. We diligently helped clients prepare for the June 2023 opening of the European Union’s Unified Patent Court (UPC), and we were among the first firms to file an action in the UPC.
4:23-cv-02961, S.D. Tex., Judge Rosenthal
1:23-cv-00756, D. Del., Judge Williams
2:22-cv-00507, E.D. Tex., Judge Gilstrap
2:22-cv-0318, E.D. Tex., Judge Gilstrap
1:23-cv-00756, N.D. Ill., Judge Kocoras
IPR2023-00815, -00816, -00817, PTAB
22-cv-09752, S.D.N.Y., Judge Abrams
337-TA-1267, ITC, Judge Bhattacharyya
IPR2021-01321, -01531, PTAB, Judges Baer, Fenick, Iftikhar
2:21-cv-00054; -00172, E.D. Tex., Judge Gilstrap
1:22-cv-01488, D. Del., Judge Connolly
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
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