December 2017
Intellectual Property Department's 2017 Year-In-Review and Outlook for 2018

The department received significant rankings in 2017, including: 
  • National Tier One rankings for three practices (Intellectual Property Litigation, Trademark Law and Patent Law) with additional national rankings for Patent Litigation and Technology Law, in U.S. News and World Report’s 2018 “Best Law Firms” 
  • State and individual attorney rankings in Chambers USA and the IAM Patent 1000 
  • Ranked as having among the best client relationships in the high tech industry out of 650 U.S. firms, based on interviews with general counsel at companies with more than $1 billion in revenue (BTI’s 2017 Industry Power Rankings)

The practice currently has approximately 170 attorneys, patent agents, scientists and other professionals
in eight distinct practice groups, constituting one of the largest IP practices in the nation. As a result of this growth, Intellectual Property became a full department in February 2017. We continue to expand our presence in key markets, including this week’s arrival of a high-profile five-attorney group to the firm’s Silicon Valley office, which received national media attention

In 2017 we filed and/or defended: 
  • 2,854 patent applications, with 1,524 obtained
  • 681 trademark applications, with 460 obtained 
  • 106 cases with the USPTO, including 39 at PTAB and 67 at TTAB
  • 71 cases in appellate and U.S. federal district courts 
  • 36 IPRs 

Significant matters handled for clients include: 

  • Providing senior-level intellectual property strategy to the chief IP counsel of an online retailer with more than $100 billion in annual revenue
  • Representation of an international energy, engineering and construction company with more than $15 billion in annual revenue on patent strategy and defense, cross-licensing and dispute resolution agreements, consolidation of outside counsel and preparation/filing of over 20 IPRs in one month
  • Development of world-wide patent protection strategy for new product offerings on behalf of a technology company with annual revenues over $1 billion
  • Serving as primary outside Hatch-Waxman counsel to several major pharmaceutical companies and advising and representing on all aspects of strategy for the pursuit of FDA approval to market and sell generic versions of brand name, patented drugs in the United States. Our representation also includes pre-litigation strategic advice and counseling and patent litigation defense in courtrooms across the country

As we look ahead to 2018, it is important to us to proactively share with you issues that could impact your business, and substantive developments in the intellectual property space. Topics we are currently monitoring include:
  • Innovation on the Blockchain: Protecting Your Patent Assets in 2018 and Beyond 
Blockchain-based patent applications started as a trickle, beginning with a few applications being filed in 2014. It has now exploded, with a few big filers jumping into the market in hopes of creating licensing opportunities in the future, but also many companies in the blockchain space that are filing with a more defensive posture to protect their inventions. Click here to read the full article.
  • Biosimilars: Strategic Considerations for 2018 
As the number of biosimilars filings increased in 2017, important legal and regulatory decisions changed the strategic landscape of the biosimilars market for both innovators and biosimilar makers. This article explores implications of Sandoz v. Amgen and the confluence of biosimilars and IPR strategy. Click here to read the full article.
  • Infringement Liability for US Products Sold Abroad: Could Supreme Court Reverse CAFC? 
A case currently pending petition to the United States Supreme Court could further define the scope of potential patent infringement liability for U.S. based companies that sell products intended to be used abroad. If the Supreme Court reverses the lower court in WesternGeco LLC v ION Geophysical Corp., it could expose infringers to much greater liability for infringing acts occurring outside of the United States. Click here to read the full article.