At Willkie Farr & Gallagher, we pride ourselves on results, working collaboratively with our clients and each other to achieve pragmatic and successful outcomes, whether in high-stakes disputes or critical business opportunities. We represent U.S. and non-U.S. clients in litigation, transactions, counseling, licensing, and lobbying involving patents, trademarks, copyrights, domain names and trade secrets.
Our experience covers most industries and technologies, including pharmaceuticals, biologics, computer hardware and software, semiconductors, medical devices, consumer products, financial services, electronic devices, traditional and new media publishing, online and broadcast news, information and financial services, e-commerce, energy, sports, insurance, and music rights. Our capacity to handle transnational matters is enhanced by our offices in the European business centers of Paris, London, Frankfurt, Milan, Rome, and Brussels.
Our patent trial lawyers have represented technology leaders in jury and non-jury cases in federal courts across the United States. We also regularly appear in other patent forums, including the U.S. Court of Appeals for the Federal Circuit. Our patent trial attorneys have experience handling cases in many different technical fields, in particular pharmaceuticals, biologics, computer software, electronics, and medical devices. We are fortunate to count among our regular intellectual property clients Fortune Global 250 companies, one of the nation’s largest privately held companies, and a collection of industry-leading mid-size and start-up companies. In the pharmaceutical space, we represent patent holders as well as generic manufacturers. We have prosecuted and defended patent infringement cases involving technologies such as pharmaceuticals, biologics, online software, financial trading systems, medical defibrillators, semiconductors, high-pressure mercury vapor lamps, mechanically locking floor panels, and integrated circuit communication protocols.
Licensing and Transactions
Our transactional work includes developing and implementing licensing strategies for patents, trademarks, copyrights, trade secrets across a variety of technologies. Our licensing and transactional IP attorneys counsel clients on a wide spectrum of agreements, including those related to joint ventures, application development, outsourcing, R&D, licensing, and distribution to name a few. Our transactional experience includes the intellectual property aspects of mergers, acquisitions, divestments, initial public offerings, financings, securitizations, joint ventures and other monetizations.
Copyrights and Trademarks
We are routinely retained to handle complex copyright and trademark issues of all types. Our trademark practice includes world-wide prosecution and maintenance programs. We represent clients in cases involving trademark infringement and dilution, counterfeiting, cyber-squatting and false advertising. We handle oppositions and cancellations before the Trademark Trial and Appeal Board. We counsel clients on the strategic management and enforcement of their trademark portfolios in the United States and abroad. We negotiate and draft trademark licenses and naming rights agreements. Our copyright and trademark attorneys draw upon years of experience to achieve results for our clients.
Our copyright practice focuses on software, traditional and new media publishing and broadcasting, and includes drafting and negotiating licenses, publishing agreements and counseling clients concerning data use, rights clearance, and fair use issues. We also represent clients in copyright infringement litigation in federal courts.
We regularly counsel clients on the acquisition, maintenance and related strategies regarding domain name registrations. We have assisted clients in registering top-level and country top-level domain names in over 115 countries. Additionally, we have successfully prosecuted numerous ICANN (Internet Corporation for Assigned Names and Numbers) proceedings and civil actions to recover domain names in more than a dozen countries. Our practice also includes the negotiation and acquisition of strategic domain from third-party registrants.
Integrated Part of a Global, World-Class Firm
Our clients benefit not only from our superior legal skills and resources but from something more: as one client, quoted in Chambers USA, put it, “When we call, they really drop everything to service our needs.” That same attitude is infused within the firm’s lawyers: when faced with mission-critical matters, we are “One Willkie” -- a firm that adapts into efficiently organized and collegial teams of attorneys who enjoy practicing together and combining their legal skills to best serve the comprehensive needs of our clients around the world. We bring to bear the full resources and experience of a general practice firm on our clients’ intellectual property issues.
For example, we regularly work with our antitrust attorneys when allegations of anticompetitive behavior are involved in patent litigation or standards-setting counseling; the deep bench provided by our general litigation attorneys enables us efficiently to staff patent cases of any complexity; our tax attorneys advise us concerning the U.S. and non-U.S. tax implications in structuring settlement agreements; our corporate attorneys provide unequalled capabilities in handling the non-IP aspects of corporate transactions; and our telecommunications attorneys in our Washington, Paris, and Frankfurt offices provide experience on transactions, licensing and patent litigation involving issues that are unique to the communications industry.
We routinely coordinate with counsel in Europe and elsewhere on matters that are litigated across multiple jurisdictions. For example, members of our team recently worked on a large multinational bankruptcy litigation, appearing at a joint trial between the U.S and Canada. We have deep relationships with several top patent litigation firms in London and Munich that excel in pharmaceutical patent litigation. We know the importance of keeping all cases “on the same page,” while accounting for the different approaches that are required in different jurisdictions. We also call on our Willkie colleagues in our European offices for their insight in competition and transactional issues. We have a robust competition practice in our Paris office that has worked on investigations and compliance issues in the pharmaceutical industry, including in the context of patent litigation settlements. The group also advises on competition issues that arise in transactions outside the litigation context, where pharmaceutical product rights are involved.