Patent Litigation

Steptoe’s patent litigation practice is recognized as among the premier in the country, achieving recognition in publications including Intellectual Asset Magazine’s “Patent 1000 – The World’s Leading Patent Practitioners” in each of the last two years; Chambers USA and Chambers Global; and Legal 500 US.  Our team combines Steptoe’s traditional strength in litigation with an advanced understanding of the technical aspects of the issues at hand, allowing our lawyers to effectively advocate for our clients the trial level, at appeal, at arbitration venues throughout the world, and in front of various regulatory bodies.  We are:

Skilled Litigators.  The lawyers in our patent litigation practice understand how to prepare a case for trial.  We spend the time to develop case themes early, performing pre-litigation investigations on behalf of clients in order to develop the best strategy to attain our client’s business objectives.  We hone in on the key issues at hand and combine that with the ability and willingness to take a case to trial.  Steptoe lawyers have tried cases to verdicts before judges and juries, and have handled arbitrations before arbitral panels throughout the world.  As a result, we put out clients in a strong position to achieve the most favorable result – either at trial, through a summary judgment, or negotiations.  

Technically Strong.  We combine our advocacy with a substantive and nuanced understanding of the technological issues in dispute.  Several lawyers and specialists in our practice have PhDs and masters degrees in such areas as biology, chemistry, chemical engineering, electrical engineering, and mathematics, represent clients in all disciplines of patent law, and have the background to thoroughly understand the intricacies of the technologies at issue in each case.  That allows the lawyers on our team to present these often complex issues in a form that a lay judge or jury can understand, so that they can make an informed, and correct, judgment.

Deeply Experienced.  We represent a variety of clients, from Fortune 500 corporations, to midsize companies, and small, emerging high-tech ventures, and for them, we litigate cases in a range of industries, including automobile, consumer products, electronics, financial, telecommunications, transportation, and the internet.  Our extensive litigation experience means we appear before every significant patent jurisdiction in the country, including US District Courts, the Federal Circuit, and the International Trade Commission (ITC).  Several of our IP litigators provide trial and appellate representation of corporations in major patent litigation cases, as well as patent interferences before the Board of Patent Appeals and Interferences, and trademark opposition/cancellation proceedings before the Trademark Trial and Appeal Board, in the US Patent and Trademark Office. 

In addition, we understand that while patent litigation is vital to protecting intellectual property, it is inherently unpredictable and can be an expensive proposition.  We recognize our clients’ top priorities, including budgeting, responsiveness, and efficiency.  Our experience allows us to handle matters in a cost-effective manner, with lean staffing and cross-office collaboration leading to efficient and complete coverage.  We are committed to helping our clients meet their goal of protecting and profiting from patents that represent a significant investment in time and money.

Representative Matters

District Court Litigation

  • Xcelis LLC v. Plantronics, Inc. (E.D. Ten. 2017) – Steptoe is representing VTech in a patent litigation matter involving Connect to Cell cordless phones. 
  • Cruise Control Technologies LLC v. American Honda Motor Co. Inc. (D. Del. 2013) (D. Mich. 2014) – Represented American Honda Motor Co. in a patent infringement suit involving cruise control products and services. The matter was transferred in April 2014 to the Eastern District of Michigan.  Steptoe also represented Honda as lead counsel in an inter partes review of the patents in suit, which was settled. The case was settled.
  • Schrader-Bridgeport International, Inc. et al v. Continental Automotive Systems US, Inc. (E.D. Mich. 2012) – Represented Continental in a patent infringement suit involving technology for tire pressure monitors.  We obtained a decision on summary judgment invalidating Schrader Electronics’ ‘495 patent and the case was dismissed with prejudice.  The case is on appeal and various related proceedings at the patent office are on-going.

To see a comprehensive list of our pending and completed representative patent litigation matters, please click here.

Section 337/ITC Litigation

  • Certain Semiconductor Devices and Consumer Audiovisual Products Containing the Same (2017), USITC Inv. No. 337-TA-3200 – Representing complainant Broadcom Corporation in asserting patents related to semiconductor devices and audiovisual products.
  • Certain Composite Aerogel Insulation Materials and Methods for Manufacturing Same (2016), USITC Inv. No. 337-TA-1003 – Representing Nano Tech Co. Ltd. against patent infringement allegations brought by Aspen Aerogels, Inc. regarding improper importation of aerogel insulation materials.
  • Certain Carbon and Alloy Steel Products (2016), USITC Inv. No. 337-TA-1002 - Representing respondent Shougang Group against allegations brought by US Steel alleging that the Chinese industry has formed a cartel that sets purchase and sale prices, and controls production and export volumes to target export markets. The complaint also alleges that the Chinese industry is violating the Lanham Act by providing defective country of origin information, and the industry used its government to steal US Steel’s closely guarded trade secrets and use those trade secrets to produce advanced steel products it could not make on its own.

To see a comprehensive list of our Section 337/ITC Litigation matters, please click here.

Federal Circuit Litigation

  • Apotex, Inc. v. Wyeth LLC (Fed. Cir. 2015) – Representing Apotex, Inc. in challenging an IPR ruling issued by the PTAB concerning one of Wyeth LLC’s patents for the antibiotic TYGACIL® (tigecycline).
  • CSP Technologies, Inc. v. Sud-Chemie AG (Fed. Circ. 2015) – Lead counsel for appellant CSP Technologies in an appeal of summary judgment and claim construction.
  • CSP Technologies, Inc. v. Clariant Corp. (Fed. Circ. 2015) – Lead counsel for appellant CSP Technologies in an appeal PTAB final written decision.

To see a comprehensive list of our Federal Circuit matters, please click here.

Noteworthy

  • Ranked among the top patent litigation firms in Intellectual Asset Management (IAM) magazine's Patent 1000: The World's Leading Patent Practitioners, 2012-2015

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