Massachusetts

Firm overview

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.

Firm overview

White & Case is a global law firm with longstanding offices in the markets that matter today. Our on-the-ground experience, our cross-border integration and our depth of local, US and English-qualified lawyers help our clients work with confidence in any one market or across many.

We guide our clients through difficult issues, bringing our insight and judgment to each situation. Our innovative approaches create original solutions to our clients' most complex domestic and multijurisdictional deals and disputes.

By thinking on behalf of our clients every day, we anticipate what they want, provide what they need and build lasting relationships. We do what it takes to help our clients achieve their ambitions.

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.