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Patent Litigation and Trials

About

Strong cases built on complete comprehension of the law and your business goals

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.

If your case goes to trial, the right team makes all the difference

When trial is the best or only option, Finnegan brings the right mix of technical expertise and trial and appellate experience. For 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.

Insight into every forum

We know the forums for IP disputes because we have successfully argued cases in the top IP venues for jurisdictions we serve, including in German regional civil courts, U.S. district courts, the UK Intellectual Property Enterprise Court, the UK High Court, 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 UK Court of Appeal, 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. Across our eleven global offices, 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.

Contacts

James R. Barney
Partner
Washington, DC
+1 202 408 4412
Email
Jeffrey A. Berkowitz
Partner
Reston, VA
+1 571 203 2710
Email
Christopher T. Blackford
Partner
Washington, DC
+1 202 408 4027
Email
Elliot C. Cook
Partner
Reston, VA
+1 571 203 2738
Email
Frank A. DeCosta, Ph.D.
Partner
Washington, DC
+1 202 408 4012
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email
Mareesa A. Frederick
Partner
Washington, DC
+1 202 408 4383
Email
Dr. Dr. Jochen Herr, LL.M.
Partner
Munich
+49 89 83931 1240
Email
Gerald F. Ivey
Partner
Washington, DC
+1 202 408 4110
Email
Lionel M. Lavenue
Partner
Reston, VA
+1 571 203 2750
Email
Benjamin R. Schlesinger
Partner
Atlanta, GA
+1 404 653 6416
Email
Jacob A. Schroeder
Partner
Palo Alto, CA
+1 650 849 6765
Email
Anand K. Sharma
Partner
Washington, DC
+1 202 408 4446
Email
Kara A. Specht
Partner
Atlanta, GA
+1 404 653 6481
Email
John M. Williamson
Partner
Washington, DC
+1 202 408 4282
Email
Qingyu Yin
Partner
Washington, DC
+1 202 408 4213
Email
James R. Barney
Partner
Washington, DC
+1 202 408 4412
Email
Jeffrey A. Berkowitz
Partner
Reston, VA
+1 571 203 2710
Email
Christopher T. Blackford
Partner
Washington, DC
+1 202 408 4027
Email
Elliot C. Cook
Partner
Reston, VA
+1 571 203 2738
Email
Frank A. DeCosta, Ph.D.
Partner
Washington, DC
+1 202 408 4012
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email
Mareesa A. Frederick
Partner
Washington, DC
+1 202 408 4383
Email
Dr. Dr. Jochen Herr, LL.M.
Partner
Munich
+49 89 83931 1240
Email
Gerald F. Ivey
Partner
Washington, DC
+1 202 408 4110
Email
Lionel M. Lavenue
Partner
Reston, VA
+1 571 203 2750
Email
Benjamin R. Schlesinger
Partner
Atlanta, GA
+1 404 653 6416
Email
Jacob A. Schroeder
Partner
Palo Alto, CA
+1 650 849 6765
Email
Anand K. Sharma
Partner
Washington, DC
+1 202 408 4446
Email
Kara A. Specht
Partner
Atlanta, GA
+1 404 653 6481
Email
John M. Williamson
Partner
Washington, DC
+1 202 408 4282
Email
Qingyu Yin
Partner
Washington, DC
+1 202 408 4213
Email

Everyone in this practice

Experience

VDPP, LLC v. Volkswagen Group of America, Inc.

Secured dismissal with prejudice by establishing that plaintiff failed to plead compliance with the patent-marking requirements of 35 U.S.C. § 287. Successfully defended the judgment on appeal, where the Federal Circuit issued a precedential decision affirming the dismissal and attorney-fee award, strengthening precedent on patent marking and appellate jurisdiction. 

4:23-cv-02961, S.D. Tex., Judge Rosenthal
24-2226, Fed. Cir., Judges Lourie, Cunningham, Moore

In the Matter of Certain Semiconductor Devices and Products Containing the Same

Achieved a comprehensive victory for respondent Innoscience, a global leader in gallium nitride (GaN) power devices, in a high-profile patent dispute before the U.S. International Trade Commission (ITC). The ITC’s Final Determination confirms that Innoscience avoided all patent claims asserted by Infineon.

337‑TA‑1414, ITC, Judge Moore

WirelessWerx IP, LLC v. Audi of America, Inc.

Persuaded the court that asserted claims directed to an alleged form of geofencing technology were ineligible under 35 U.S.C. § 101. The court found the patent invalid and dismissed the case against client Audi with prejudice in the first instance.

4:25-cv-11147, E.D. Mich., Judge Behm

Represented a global pharmaceutical company against a generic company on a patent covering an injectable painkilling medicine for short-term pain relief*

Represented a global pharmaceutical company against a generic company on a patent covering an injectable painkilling medicine for short-term pain relief.

Promptu Systems Corporation v. Comcast Corporation

Obtained a $240 million jury verdict for client Promptu in a patent infringement lawsuit against Comcast. The jury found that Comcast willfully infringed Promptu’s patents covering voice recognition technology for TV.

2:16-cv-06516, E.D. Pa., Judge Sanchez
22-1939, Fed. Cir., Judges Prost, Moore, Taranto

Advised a global healthcare company in anticipated court proceedings seeking declarations of non-infringement related to its influenza vaccines*

Advised a global healthcare company in anticipated court proceedings seeking declarations of non-infringement related to its influenza vaccines.

More

Insights

Lecture

Resolving Patent Suits Without Settlement Payments

September 3, 2026

Virtual

Webinar

PTAB Developments and Their Impact on Parallel Litigation: Strategic Considerations

August 26, 2026

Webinar

Conference

Singapore IP Week 2026

August 26-27, 2026

Conference

Georgia Life Sciences Summit 2026

August 25-26, 2026

Sandy Springs

Conference

Finnegan IP Summit 2026: Celebrating an Inclusive Talent Pipeline

August 11-13, 2026

Washington, DC

Articles

Article_D.-Mass-Patent-Litigation-Update-October-2024

D. Mass. Patent Litigation Update: June 2026

July 28, 2026

More

Upcoming Events

Conference

Patent Litigation Europe 2027

January 18-20, 2027

Amsterdam

Conference

IPBC Asia 2026

November 17-19, 2026

Tokyo

Conference

IAM Live: Navigating the UPC 2026

November 4, 2026

Paris

Conference

2026 EDTX Bench Bar Conference

October 28-30, 2026

Fort Worth

Seminar

Future IP UK

October 21, 2026

London

Hybrid Conference

Intellectual Property Law Institute 2026 – California

October 19-20, 2026

San Francisco

More

News

Commentary

East Texas Reclaims Its Patent Crown

August 21, 2026

Media Mention

Law360's Legal Lions of the Week: Volkswagen Group of America, Inc.

August 21, 2026

Award/Ranking

31 Finnegan Attorneys Recognized by Best Lawyers 2027

August 20, 2026

Media Mention

VW Wins in Patent Appeal Over Electrically Controlled Glasses

August 19, 2026

Media Mention

Federal Circuit Backs Volkswagen’s $207,500 Fees Against NPE

August 19, 2026

Commentary

BMW Counsel: How a Supplier Clause Prevented U.S. Trade Secret Litigation

August 3, 2026

More

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