Cooley's Intellectual Property Litigation group excels at delivering winning legal strategies in high-stakes intellectual property disputes, including patent, copyright, trademark, false advertising, licensing, ITC Section 337 and trade secret matters. Our clients range from trailblazing start-ups to Fortune 500 companies, all of which benefit from our unique, business-focused approach to developing litigation strategies tailored to each client's definition of success. We invest the time and resources to develop a value-driven relationship with our clients that produces better results, reduces costs, drives increased productivity, and improves the quality of legal services provided.
Private and public companies with some of the most sophisticated intellectual property portfolios in the world turn to the firm's attorneys to defend or prosecute their most significant IP cases. Cooley's lawyers understand our clients' businesses and the critical role that IP plays in a highly competitive landscape. It is this business sense, combined with our ability to handle the complicated technical issues that are often intertwined with IP disputes, that separates Cooley from our competitors. Additionally, through our representations of both plaintiffs and defendants, we have an expertise in remedies and damages that better positions our clients to achieve the best possible outcomes.
As our recent casework portfolio demonstrates, our attorneys have extensive knowledge in the legal issues affecting intellectual property, as well as significant experience representing companies with well-developed, strategic intellectual property portfolios. They also have relevant, recent experience in virtually every significant intellectual property litigation venue in the country, including substantial experience in key IP courts such as the Northern, Central and Southern Districts of California; the Eastern District of Texas; the District of Delaware; the Eastern District of Virginia; the Southern District of New York; and before the U.S. International Trade Commission.
Notable Recent Successes
- Secured a favorable jury verdict for Facebook in a patent infringement trial, the company's first trial ever
- Obtained summary judgment on all remaining claims in a $1 billion suit alleging patent infringement and misappropriation of technology from Cooley client Qualcomm
- Led Facebook to a successful resolution of its high-profile patent dispute with Yahoo
- Served as lead counsel and negotiated a settlement agreement that resulted in a $1.5 billion licensing deal for long-time client NVIDIA, effectively ending a two year dispute involving Intel
- Won a rare jury defense trial for Vistaprint Ltd. in the Eastern District of Texas
- Defeated a bid for a preliminary injunction against Cooley client Gevo, by Butamax (joint venture between BP and DuPont)
- Achieved a favorable summary determination for Chimei Innolux and Innolux Corporation in an ITC Section 337 investigation concerning the importation of computer monitors
- Secured a trial win before the Chief Judge of the ITC for a global consumer electronics company
- Obtained a $75 million judgment for Zenith Electronics, an award that was recognized as one of the top 10 IP verdicts, judgments and settlements of 2010 by Law360 publication
- Settled a very contentious "bet-the-company" patent infringement suit for Verimatrix
- Achieved an important victory for Rosetta Stone in a trademark and trade dress infringement case
- Defeated IBM in a patent infringement jury trial in the Eastern District of Texas
In addition to federal court litigation, we represent clients before the U.S. Patent and Trademark Office in trademark opposition and cancellation proceedings, patent interference and re-examination proceedings, and patent and trademark portfolio development. We also represent our intellectual property clients in other matters, such as copyright, trade dress, rights of publicity, domain names, and false advertising—often in the context of products and services delivered online, where many issues remain unsettled.
Case in Point
Yahoo! Inc. v. Facebook Inc.
On the cusp of filing its IPO, Facebook became the target of patent infringement claims from Yahoo!. News of the suit was the talk of Silicon Valley and the rest of the United States. Facebook and Cooley's team — led by Mike Rhodes, Heidi Keefe and Mark Weinstein and joined by legendary trial lawyer and chairman Stephen Neal — quickly developed an aggressive, savvy and innovative defense strategy to battle the claims. With the IPO looming, swift execution was critical. Cooley's defense team positioned Facebook so that it could continue to revolutionize our world with little disruption. Read more
Our Intellectual Property Litigation practice has been recognized as one of the leading IP groups in the United States by several key legal publications and organizations. Highlights from the past year include:
- Named to The National Law Journal's "Intellectual Property Hot List," an exclusive recognition that Cooley received in 2012 and 2013 for its innovative strategies in patent, copyright and trademark legal services
- Ranked 5th overall for total number of federal patent case representations (90), a 15% increase from the previous year, in the 2013 edition of Corporate Counsel's Patent Litigation Survey
- Selected 2011 "Arbitration & Litigation Law Firm of the Year – USA" by Lawyer Monthly magazine
- Ranked in Tier 1 nationwide for patent litigation in U.S. News' Best Law Firms (2012 and 2013)
- Ranked 5th in Corporate Counsel's ITC litigation survey for total number of Section 337 investigation representations in 2012, and the 4th most active law firm for respondent representations
- Recognized as one of the top IP Litigation practices in the U.S. by Chambers USA and Legal 500
- Selected as a "Go-To Law Firm" for IP for the Fortune 500 in 2012
- Recognized as "Top Trademark Contentious" firm in the U.S. by Managing Intellectual Property
- Named one of 32 U.S. law firms that attorneys would least like to face in litigation according to BTI Consulting Survey
- A partner was named to the exclusive "45 under 45 – The Top Women Attorneys in the U.S." list by the American Lawyer
- A partner was named one of the "10 Most Admired Intellectual Property Attorneys" by Law360
- More than 100 attorneys with expertise in intellectual property litigation in nine major business and technology centers nationwide
- 60 litigators focused on patent litigation with extensive pre-suit investigations, claim construction, trial, and appellate experience
- 35 patent practitioners supporting the litigation practice
- Attorneys with advanced degrees in engineering and other scientific fields
- 90 IP attorneys with undergraduate degrees in various scientific fields, including computer science, biology, chemistry, E.E. and Mech.E.
- 60 IP attorneys with graduate degrees in scientific fields (M.S. and Ph.D.)
- One of the largest trademark and copyright groups found in any of the AmLaw 100 law firms
- More than 50 "U.S.P.T.O. registered" practitioners
- Fully integrated IP prosecution, counseling and litigation practice
- Strong working relationships with a network of experienced, top-tier counsel worldwide
- Regularly partner with our Technology Transactions and Life Sciences groups to maximize the benefits that are afforded by our clients' intellectual property