Patent Litigation

Latham brings vast trial experience, technical prowess, and a winning track record across US and global venues to the most complex and mission-critical patent disputes.

For each patent case we field a team led by trial counsel who is experienced litigating in the relevant jurisdiction, whether in the Eastern District of Texas, the District Courts of California, the International Trade Commission, the Federal Circuit, or any number of global venues.

Our global footprint provides clients a distinct advantage — particularly when faced with complex controversies involving technologies developed around the globe. We also regularly achieve successful results in patent mediations, arbitrations, and other forms of alternative dispute resolution as an alternative to protracted litigation.

By conveying command of the technical subject matter and a willingness to go to trial — with the capabilities and experience needed to win — we can often drive opposing counsel back to the negotiating table with a favorable settlement proposal in hand. Our trial counsel commit to the case from day one, developing a strategy while evaluating opportunities for resolution and preparing the case for trial. Because of this targeted and focused approach, we identify key trial issues early and avoid wasteful litigation tasks such as unnecessary discovery and motion practice — an approach that drives efficiency and 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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