Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the world’s largest full-service IP firms. With offices in the United States, Asia and Europe, the firm practices European, German, UK, and U.S. IP law. In addition to services related to all aspects of patent, trademark, and copyright law, including counseling, prosecution, licensing, and litigation, Finnegan provides counseling and litigation services in advertising, privacy, and a wide spectrum of additional IP-adjacent commercial matters, including trade secrets, international trade, the Internet, e-commerce, government contracts, antitrust, and unfair competition. A comprehensive approach to clients’ IP needs and Finnegan’s mega-boutique size underpins its year-to-year, decade-to-decade preeminence in IP litigation across all industries and tribunals.
Finnegan offers full-service IP legal and technical experience in virtually every industry and technology: biotechnology, pharmaceuticals, biologics and biosimilars, combination products, chemicals, electronics, semiconductors, computers and software, FinTech, blockchain, Internet of Things (IoT), automotive, aerospace and aviation, industrial manufacturing, consumer products, food and beverage, outdoor recreation, sports and fitness, digital health, medical devices, clean energy and renewables, robotics, textiles, artificial intelligence (AI) and machine learning (ML), and 3D printing.
With Finnegan’s practice centered on intellectual property, the firm is able to create economies of scale and focus all resources on providing the best tools and teams for clients. The firm’s team is comprised of over 250 litigators, including career trial attorneys. Over 300 of Finnegan’s legal professionals hold degrees in scientific disciplines (60+ hold PhDs). Over 225 professionals are registered to practise before the US Patent and Trademark Office (USPTO), European Patent Office (EPO), the German Patent and Trade Mark Office (DPMA), the UK Intellectual Property Office (UKIPO), and the European Union Intellectual Property Office (EUIPO). With more than 55 years’ IP experience, Finnegan handles hundreds of cases and proceedings across IP-related venues, including district courts, the US International Trade Commission (ITC), the USPTO’s Patent Trial and Appeal Board (PTAB), US Court of Appeals for the Federal Circuit and the US Supreme Court. As one of the first firms to file a petition and subsequently argue a post-grant review of a covered business method case following the implementation of the America Invents Act, Finnegan is one of the busiest law firms representing petitioners and patent owners in post-grant review proceedings. The firm files approximately 2,500 US and 1,000 foreign patent applications annually.
Surveys conducted by legal and business publications consistently rank Finnegan as one of the leading IP law practices in the world. The firm is ranked in the United States for contentious and prosecution patent and trademark work by publications including Managing Intellectual Property and The Legal 500, which have ranked Finnegan as a top-tier firm in nearly every significant IP category for over 10 years. The publications cite the firm’s winning record, technical expertise and deep bench of talent in all aspects of IP litigation, including trials, appeals and proceedings at the USPTO and ITC investigations.
Representative engagements:
Desmarais LLP is a premier intellectual property litigation firm with approximately 75 attorneys across its New York, San Francisco, and Washington, D.C. offices. The firm has successfully tried and won several of the industry’s most high-profile patent cases in recent years, representing some of the world’s largest companies.
The firm works on complex, often technology-focused disputes, handling every step of the litigation process. The breadth of Desmarais LLP’s work spans a wide range of subjects and technologies, and the firm has obtained successful trial results for clients – both plaintiffs and defendants – in dozens of patent infringement cases and other intellectual property areas.
Litigation
Desmarais LLP handles all patent litigation stages and has significant trial experience in every major forum for technology and life sciences in the United States and elsewhere. The firm has successfully tried cases before judges and juries throughout the U.S., before administrative bodies (including the International Trade Commission and the Patent Trial and Appeal Board), and in front of arbitration panels. Desmarais LLP’s patent infringement successes include winning trials across a host of district courts, preserving both offensive and defensive victories on appeal, obtaining reversals of adverse results, and steering the development of substantive law in clients’ interests in a variety of subject matter areas.
The firm’s patent litigation experience spans numerous industries covering technologies including biotech innovations, chemicals, consumer electronics, medical devices, pharmaceuticals, semiconductors, software, telecommunications, and transportation. The firm’s High-Tech Practice, International Trade Commission Practice, Life Sciences and Medical Device Practice, and Post-Grant Practice also litigate in areas beyond patent disputes, including antitrust, contracts, counterfeiting, fraud, trade dress, trademarks, trade secrets, and unfair competition.
Additionally, the firm’s Pro Bono Practice is committed to serving the community, partnering with organizations such as the SDNY Pro Se Clerk’s Office, the Veterans Consortium, Immigration Equality, and Volunteer Lawyers for the Arts. Each year, Desmarais LLP recognizes attorneys and paralegals who make substantial contributions as part of its Pro Bono Challenge.
Innovative Fee Structures
Desmarais LLP is an industry trailblazer in alternative fee arrangements (AFAs). The firm has abandoned the traditional (and frequently inefficient) billable-hour model in favor of fee arrangements more closely tailored to clients’ interests. This flexible and innovative approach sets it apart from other top-tier firms that litigate similarly large, complex cases.
For clients who prefer predictability, the firm provides flat-fee arrangements negotiated at the outset of the matter, and for those seeking a shared-risk approach, the firm is open to contingent fee arrangements and hybrid structures tailored to the client and the case. Additionally, the firm offers flat-fee billing for expenses. This gives clients clearer budgeting for the duration of the matter (though monthly fees can vary based on the stage of the litigation).
Benefits and Compensation
Desmarais LLP is a leader in benefits and compensation – paying associates salaries that top the New York scale and year-end bonuses for high performers that significantly exceed the market rate. The firm covers 100% of health insurance premiums for all employees and their dependents, meaning attorneys and staff having no monthly costs, except when they receive medical services (e.g., copays). The firm also contributes 4% annually to employees’ 401(k)s – not as a match but as an automatic contribution, even if employees are not paying into their retirement accounts. In addition to short-term disability for birth mothers, Desmarais LLP also provides 12 weeks of paid parental leave for all lawyers and staff, regardless of gender or whether they are adoptive parents.
Diversity
Desmarais LLP is committed to maintaining a workplace that respects all cultures, backgrounds, beliefs, and identities. The firm believes its attorneys’ and staff’s diverse set of experiences play a valuable role in helping achieve creative and effective solutions when dealing with clients’ most challenging cases. The firm’s Diversity Committee promotes an inclusive work environment and focuses on recruiting and retaining lawyers from diverse backgrounds. Desmarais LLP also regularly sponsors student organizations dedicated to promoting diversity and inclusion at law schools and sponsors the annual ChIPs Global Summit dedicated to the advancement of women in technology, law, and policy.
Kilpatrick is trusted counsel to the world’s most innovative companies. To serve our groundbreaking clients, we are at the forefront of client service, a leader in DE&I, and on the cutting edge of law and technology. With recognized strength in the technology sector and a full range of service offerings, we deliver practical, business-centric solutions built upon strong and enduring connections.
Husch Blackwell helps clients develop and preserve their intellectual property to maximize profits and secure a competitive edge. Our team has more than 100 intellectual property attorneys with tremendous experience in IP acquisition, maintenance, protection, enforcement, litigation, and commercialization. We partner with universities, research facilities, companies of all sizes, and individuals to turn their innovations into industry.
Our IP attorneys understand complex technologies, and they have prepared and prosecuted thousands of patents and trademarks across a wide range of industries. To accommodate clients’ need for global enforcement and protection, our team has assembled an international network of more than 300 associate firms in 120 countries. A Husch Blackwell attorney has worked directly and personally with every law firm in the network.
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