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“[Latham's team] distil the complex intricacies of patent law into actionable business decisions, and do a superb job of guiding the legal and technical aspects…”
Intellectual Asset Management's “Patent 1000” 2014

Patent Litigation

Latham & Watkins’ Patent Litigation Practice is comprised of a deep bench of respected, courtroom-tested lawyers with experience in key patent venues in the United States.

Latham is able to field a legal team led by experienced trial counsel for any patent matter, large or small, in any US venue and other venues around the world, including the Eastern District of Texas, all of the District Courts of California and the International Trade Commission, as well as many non-US jurisdictions.

Latham’s global footprint provides clients with a distinct advantage particularly when faced with complex controversies involving technologies developed around the world. Latham’s patent lawyers also have vast experience with mediations, arbitrations and other forms of alternative dispute resolution, and have frequently achieved successful results with these methods as an alternative to protracted and expensive litigation.

The most favorable settlements are often achieved by conveying a command and focus from the outset and demonstrating a preparedness to go to trial — and win. Latham’s lead trial counsel commit to the case from day one and are hands-on in actively developing the case strategy, analyzing the strengths and weaknesses of case, evaluating potential opportunities for resolution and preparing the case for trial. Because of this targeted and focused approach, Latham is able to identify key trial issues early and avoid wasteful litigation tasks such as unnecessary discovery and motion practice. Latham’s trial-focused approach avoids wasteful litigation, promotes efficiency and drives results.

CR Bard, Inc. v. W.L. Gore & Associates, Inc.
Latham represented CR Bard, Inc. in a patent infringement action in the US District Court for the District of Arizona involving prosthetic vascular grafts made of expanded teflon. After a six week trial, a jury awarded a verdict of willful infringement and US$185 million in past damages. Post-trial motions resulted in a doubling of compensatory damages and award of attorney fees and interest. Latham argued entitlement to supplemental damages and compulsory license, resulting in a total award to date of US$873 million. The appeal was argued before the US Court of Appeals for the Federal Circuit and affirmed 2-1 the lower court rulings, making this matter one of the largest patent verdicts to hold up on appeal.

Monolithic Power Systems, Inc. v. O2 Micro Int'l, Inc.
Latham represented Monolithic Power Systems (MPS), an integrated circuit design company, in a patent infringement action brought in the US District Court for the Northern District of California. O2Micro alleged that MPS infringed four patents and sought an injunction preventing MPS from selling the accused products or offering them for sale. After Latham developed evidence showing that O2Micro’s inventor withheld key prior art from the PTO during the prosecution of three of the patents, O2 Micro withdrew its claims of infringement as to those patents and granted MPS and its customers broad covenants not to sue on the patents. After a series of favorable pre-trial rulings for MPS on the remaining patent at issue, O2 Micro dismissed its infringement claims with prejudice and granted MPS and its customers broad covenants not to sue on the patent.

WiLAN, Inc. v. Acer, Inc.
Latham represented Broadcom Corporation, one of the world's largest fabless semiconductor companies, in a significant, multi-party patent infringement action filed in the US District Court for the Eastern District of Texas against Broadcom and other companies asserting claims for infringement of four different patents against certain wireless communications products and digital subscriber line (DSL) products sold by Broadcom and others. Shortly before trial, the case settled favorably for a license on all of WiLAN's patents.

Veritas Operating Corporation v. Microsoft Corporation
Latham represented Symantec Corporation, a software and programming company, in an action involving claims of patent infringement, trade secret misappropriation and breach of contract brought by Microsoft Corporation in US District Court for the Western District of Washington related to critical volume management technology. The matter was settled to the mutual satisfaction of the parties.

 
 
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