Illinois

Firm overview

We are an IP Litigation powerhouse for technology, life sciences and health technology in patents, trade secrets and commercial litigation with unparalleled trial success at all levels at each forum and venue. Our approach integrates our practices to provide businesses with comprehensive intellectual property protections. Our litigation expertise and experience also gives us an edge in advising our clients on the likely outcomes of litigation, including in the context of corporate acquisitions and portfolio management. Our approach, which supports “small firm” key partner attention with the “large firm” resources ensures our clients receive effective and efficient representation at every stage of the case. We are committed to helping clients structure the most comprehensive and workable enforcement and defense for all aspects of their intellectual property. 

Bench and Jury Trials at the U.S. District Courts

• We have litigated and counseled on patent and trade secrets issues across a wide range of industries, including software, hardware, electronics, chemical processes, telecommunications, consumer goods, manufacturing, sales, financial services, and pharmaceuticals.
• We are also experts in §101 invalidity challenges with a near-perfect record in district court and the Federal Circuit, pursuing and obtaining attorneys’ fees, and obtaining wins in Federal Circuit appeals.
• We are experts in the nuances of life sciences patent litigation, including Hatch-Waxman Act and biosimilars patent litigation under the Biologics Price Competition and Innovation Act, and the intersecting FDA regulatory regime in which these cases operate. 

PTAB Proceedings

• We have handled over 400 post-grant proceedings before the U.S. Patent Trial and Appeal Board, on behalf of both petitioners and patent owners across a wide range of industries.
• Our attorneys have been hailed as ones who can be “trust[ed] . . . with crown jewels, and have been described as “PTAB mastermind[s],” “PTAB trial guru[s],” knowing the PTAB “like the back of [their] hands,” and “understand[ing] all the rules and subtleties of IPR proceedings better than anyone I’ve ever worked with.”
• Our attorneys worked on the first ever PTAB proceeding on the technology side and also led the first ever successful defense of a pharmaceutical patent.

ITC Section 337 Investigations

• We represent both complainants and respondents, and have been at the forefront of recent cutting-edge decisions at the ITC. 
• We have served as counsel in more than 60 Section 337 Investigations, and have appeared before each of the Presiding Administrative Law Judges (ALJs), including multiple successes before Customs in ensuring our clients’ products are not excluded from the United States. 

International Arbitrations

• We represent clients in all aspects of litigation related to arbitration, including bringing and defending motions to compel arbitration, obtaining and opposing interim and protective measures in aid of arbitration, seeking and opposing recognition of arbitral awards, seeking and opposing the annulment of arbitral awards, and disputes over the taking of evidence in the US in aid of international arbitrations and foreign litigation.
• We regularly draft, advise, and teach courses on the drafting and interpretation of arbitration and forum-selection agreements in circumstances ranging from simple two-party deals to complex commercial transactions involving multiple parties, jurisdictions, and applicable laws. We recognize that each matter is unique and strive to meet our client’s objectives in the most cost-effective manner.

Supreme Court and Appellate Review

• We have top-notch appellate capabilities and can handle an IP litigation matter from start to finish. 
• Our lawyers are skilled in the art of written and oral advocacy, as well as in simplifying technical arguments for generalist Federal Circuit judges.
• We devote our practice to the craft of conceiving and presenting argument on complex, law-intensive issues, bringing to bear our many years of experience in areas of law that cut across traditional legal disciplines, such as constitutional interpretation, damages, procedure, and jurisdiction. 

Firm overview

Sidley is an elite global law firm. Harnessing 158 years of legal heritage, we provide strong representation on behalf of clients in more than 70 countries. Our lawyers apply a Built to Win^SM client service model to their legal strategies, ensuring the best possible outcomes in complex transactional, restructuring, regulatory, and litigation matters. With 21 offices strategically situated in key commercial and financial hubs across the world, our perspective and our reach are truly global. Our 2,300 lawyers, fluent in more than 80 languages, possess the cultural awareness and cross-border legal acumen needed to bring clarity to a dynamic business landscape.

Follow Sidley on Twitter @SidleyLaw.

Appellate: Sidley is widely recognized as one of the premier appellate firms in the country, and as a trailblazer — regularly addressing intricate, precedent-setting issues in federal and state law in the Supreme Court, the federal courts of appeals, as well as state appellate and supreme courts across the nation. Since the inception of the practice in 1985, the team, including more than 20 former Supreme Court clerks, has briefed over 220 cases on the merits and argued more than 150 cases before the Court.

Bankruptcy: Sidley’s global Restructuring group is regularly involved in the largest restructurings throughout the world. The team represents companies facing in-court or out-of-court restructurings, official and ad hoc committees of creditors, agent lenders, and participants in distressed M&A processes. Sidley prides itself on the group’s ability to use innovative, bespoke approaches to obtain the best results in complex situations.

Commercial: Clients repeatedly turn to Sidley’s Commercial Litigation team when their most important disputes must be tried. Sidley’s track record of successes is unparalleled in high-stakes, mission-critical cases against well-regarded opponents, no matter the forum. The team’s full-service litigation capabilities are relied upon by leading global companies with household names.

Competition/Antitrust: As a part of the firm’s global antitrust offering, Sidley has a strong and well-respected litigation practice. Sidley lawyers represent clients in their most complex cases, including matters involving antitrust enforcement, merger clearances, claims of collusion, and other alleged antitrust violations. The team has represented domestic and international corporations, trade associations, government entities, professional societies, and individuals in the full range of civil and criminal trials.

Insurance: Sidley’s Insurance Disputes practice advises on significant insurance litigation nationwide across a variety of areas, including regulatory compliance, insurance class actions, reinsurance disputes, ERISA litigation, general commercial litigation, securities and shareholder litigation, and Supreme Court and appellate courts, among other areas.

Intellectual Property: Sidley boasts one of the most distinguished and highly regarded Intellectual Property litigation practices in the U.S., with approximately 80 lawyers and a deep bench of trial lawyers. Handling matters for innovation-driven clients ranging from global Fortune 500 companies to groundbreaking startups, the team develops winning strategies for high-stakes IP litigation involving patents, trade secret and unfair competition, false advertising, copyright infringement, and trademarks.

International Arbitration: Sidley’s Global Arbitration, Trade and Advocacy practice exemplifies a superior depth of knowledge of the law, regulatory challenges, and culture of the jurisdictions in which the team practices. Operating from the U.S., Europe, and Asia, the team works as a tightly integrated team of practitioners with different cultural and legal backgrounds and broad language capabilities.

Labor and Employment: Sidley is at the forefront of representing employers in major high-profile class and collective action litigation against many of the biggest and most aggressive plaintiffs’ firms in the country. The team is known for winning bet-the-company cases and deftly handling high-value discrimination, harassment, and retaliation claims, executive disputes, whistle-blower claims, restrictive covenant and trade secret litigation, and investigations involving matters of the utmost importance to companies.

Product Liability and Recall: Sidley’s Product Liability and Mass Torts practice has played key roles in many of the most significant product liability litigations. The team has decades of experience handling claims associated with products, the facilities that manufacture them, and the companies that sell them. We defend clients in state and federal courts and are typically lead counsel in multidistrict litigations and state coordinated proceedings.

Securities: Sidley’s Securities and Shareholder Litigation team stands out for the strength of its work, winning complex securities matters at the trial level and on appeal across a variety of sectors. The team’s deep bench and extensive experience allows Sidley to represent a wide range of clients. This includes major corporations and private companies, boards of directors and board committees, senior executives, financial advisers, investment banks, and auditors.

White Collar Crime: Sidley lawyers have handled investigations in more than 130 countries, collaborating seamlessly across borders and practice groups to offer a cohesive approach to white collar crime and corporate investigations matters. The firm can mobilize teams quickly to swiftly deploy the critical legal support needed to manage sensitive, high-profile investigations and litigation.

Firm overview

We’re proud to work with some of the world’s most dynamic organizations and the leaders who drive them. We know that on any given day you’re tackling competition, corporate development, asset protection, talent management—some days all of the above. While there’s a bevy of smart folks out there to help you address them on a case-by-case basis, there are few who have the breadth and depth of focused knowledge to help you attend to them all and stay ahead of what’s next.

That’s McDermott.

When you hire us, you don’t just get the experience of an individual. You get a purpose-built, tightly woven network of legal thought leaders who marry their passion for business with a deep, focused understanding of the law.

And your team isn’t just the lawyers working on your business day one. It’s also their colleagues around the world who guide and advise around the edges—the ones who add diverse, nuanced perspectives to elevate strategy and surface highly effective—but often unexpected—solutions when a “simple” transaction becomes a bet-the-company deal or a basic arbitration turns into multi-year litigation.

We don’t just promote this approach—we thrive on it. We know that it’s our ability to tap into the particular knowledge of our individual lawyers and then to harness their collective experience that makes us uniquely qualified to help our clients move faster and propel their success.

You can see it the results we deliver and you’ll feel it when you meet with us to talk about your needs. You’ll know that we’re more than “just” lawyers. We’re scientists, accountants, analysts, policy makers, money managers and family members who love the law. We bring all of those experiences to bear for your business and the people you serve.

Most importantly, we’re committed to helping you make real progress against your goals—to turning those big ideas into actionable plans—and to making it as easy and enjoyable as possible.

Firm overview

Barnes & Thornburg’s Intellectual Property practice is among the largest in the country, with nearly 130 IP attorneys and professionals and 75 registered patent attorneys and agents. Our clients know that their intellectual property — inventions, brands and trade secrets — are as valuable as their factories, laboratories and inventories. We believe that intellectual property must be cultivated and nourished to grow as an asset and without the right care, it will wither.

Our team works diligently to help clients succeed in overseeing and protecting their valuable IP with employees, customers, partners and competitors, and to avoid infringement of the IP rights of others. We position and leverage our client’s critical IP in industry and specialized markets, and defend patent, trademark and copyright integrity in the judicial system and in agency review and appeals.

We assist product development, marketing, sales and finance teams with comprehensive IP programs and protect products from copying by competitors. We advise on IP holdings valued into the billions of dollars of market share, representing Fortune 500 companies with thousands of IP assets, as well as startup companies defined by a single patent. Our attorneys are committed to client service, cohesive teamwork, responsiveness and useful advice.

From coast to coast, we counsel clients from a variety of industries, such as medical device, plastics and packaging, internet and computer technology, food and beverage, pharmaceutical, automotive and aviation. With decades of experience, we understand that the many types of IP assets drive core business strategy and brand development. Our cost-conscious solutions help clients derive as much value from their intellectual resources as from their human resources.