IP Litigation Leadership that Counts
The Delaware District Court has become one of the top U.S. federal court jurisdictions for resolving patent, trademark and copyright infringement lawsuits, and few firms surpass Richards Layton’s leadership with intellectual property litigation in this key venue. Our firm had one of the top ten patent litigation practices in the country during 2008 according to IP Law360 Litigation Almanac, and a major reason for that ranking was our large volume of cases in the Delaware District Court.
The number of IP cases tried per judge in Delaware is one of the highest of any federal court, and we fully understand both the trial strategies and legal arguments that have proven to be effective in this challenging legal environment. And because of our leadership in these areas, we have had a major voice in shaping the ongoing evolution of prosecution and defense of these matters.
CASE STUDY: A Delaware Infringement Win in an International Controversy
- Client: A leading U.S.-based manufacturer of pharmaceuticals and consumer products
- Issue: Patent infringement litigation
- Challenge: In 2000, our client received a U.S. patent for a drug to combat osteoporosis, but a drug manufacturer based in Israel sought to market a generic version of the product in the U.S., claiming that our client’s patent was invalid due to obviousness of the invention.
- Solution: Richards Layton filed a 2004 infringement lawsuit in the District of Delaware. At trial, along with out national counsel, we emphasized our client’s extensive research and development efforts on the drug’s active ingredient.
- Result: The court, in its 2008 decision, affirmed our argument about the uniqueness of the drug’s active ingredient, protecting our client’s rights to market the drug exclusively in the U.S.
Corporate Insight
Delaware is often the forum of choice for IP litigation because the state is the legal domicile for so many companies. Richards Layton’s understanding of Delaware corporate and business law is a distinct advantage for our IP litigation capability, especially in commercial litigation that involves intellectual property assets.
CASE STUDY: Defending Against Infringement by a Generic Drug Maker
- Client: One of Europe’s largest pharmaceutical manufacturers
- Issue: Patent infringement litigation
- Challenge: A generic drug company based in India filed an Abbreviated New Drug Application (ANDA) with the U.S. Food & Drug Administration (FDA) seeking to produce and market a generic version of our client’s antibiotic drug prior to the expiration of the drug’s patents. The Indian company asserted that its ANDA was justified because our client’s patents for the drug were invalid.
- Solution: Richards Layton IP lawyers responded in 2004 by filing an infringement lawsuit in the District of Delaware. We contended that under U.S. patent law, the filing of an ANDA was itself an act of patent infringement. We also demonstrated at trial in 2006, along with our national counsel, that the generic drug maker failed to prove its claims of obviousness and inequitable conduct for our client’s patents.
- Result: In 2007 the federal court rejected all claims challenging the validity and enforceability of our client’s patents, and ruled that the generic copy could not be sold until at least 2014.
Delaware Litigation Skill
We have particular strength at handling business tort claims that involve IP issues in the Delaware Superior Court and Delaware Court of Chancery. Our lawyers know which cases are best taken to these courts and which arguments are most effective there in matters involving:
- Misappropriation of trade secrets
- Misappropriation of ideas
- Breach of nondisclosure agreements
- Breach of patent licensing agreements
- Product disparagement.
The insights we gain in resolving noncompete disputes enable our lawyers to advise clients on preparing and enforcing effective restrictive covenants that, as needed, prevent the disclosure of customer lists, trade secrets and other sensitive or proprietary information.
Client Breadth—as Plaintiffs and Defendants
Our IP litigation lawyers have represented both plaintiffs and defendants in infringement matters, and in either type of dispute we can represent either patent holders or alleged infringers. Such diverse IP litigation experience is valuable, often enabling our IP litigators to anticipate the arguments of opposing counsel.
Although our primary focus is patent infringement controversies, we have also handled high-profile copyright and trademark cases, including a trademark lawsuit for a major national bank as defendant.
Technical and Legal Capabilities
As a leading corporate law and litigation firm and as the largest firm in Delaware, Richards Layton has the depth to staff cases with the right mix of skill and experience levels. Although the firm does not engage in IP prosecution, our IP litigators have extensive knowledge of Patent & Trademark Office procedures. And added to our trial skills is a breadth of technical knowledge that encompasses biology, chemistry and other fields of science and technology.
Summary: Competitive Advantage
Innovators at global multinationals, emerging growth companies and established mid-sized businesses all rely on Richards Layton to help protect and leverage their intellectual property assets. In disputes over patent infringement or misappropriation of trade secrets, we use litigation as an effective tool to solve business problems. We work to protect clients’ IP investment, and in so doing to strengthen their competitive advantage.