Litigation/Controversy

Intellectual Property Litigation

Skadden represents clients in their most important intellectual property disputes, whether in federal or state court, before the International Trade Commission or the Patent Trial and Appeal Board, in mediation or global arbitration.

Broad Spectrum of Litigation Experience

Skadden IP litigators guard clients’ key products and brands, both by defending against infringement allegations and enforcing intellectual property rights, including by obtaining multimillion-dollar jury verdicts against competitors. Our trial experience allows us to anticipate and strategically manage every phase of a case, often enabling us to resolve our clients’ matters without entering the courtroom. When cases do advance to trial, our clients benefit from the experience of our nationally recognized litigators, who have had notable success in federal and state court, as well as in the other forums in which IP disputes are adjudicated.

Companies call on us to resolve complex, high-profile IP cases at the trial and appellate levels. We handle disputes relating to trade secret, patents, copyright, trademark, licensing and advertising across a broad spectrum of industries, including aerospace, biotechnology, chemicals, communications, computer technology, consumer products, electronics, financial services, life sciences, media and entertainment, medical devices, pharmaceuticals, semiconductors and sports, among other areas. We also provide strategic prelitigation advice in matters relating to trade secret misappropriation, infringement issues and patent portfolio strategy, confidentiality agreements, and other business disputes involving technology.

Award-Winning Practice

We repeatedly have been recognized for our intellectual property litigation capabilities. Our IP litigation practice was named a Powerhouse in BTI Litigation Outlook 2018 (as well as the 2017 report), which is based on surveys of more than 300 corporate counsel at the world’s largest companies. We were named a leading firm in the trademark field by World Trademark Review in 2018. Skadden was named a finalist in The American Lawyer’s 2018 Litigation Department of the Year competition and the overall winner of the New York Law Journal’s 2018 Litigation Department of the Year competition, and ranked as a nationwide Tier 1 firm for intellectual property litigation by U.S. News — Best Lawyers “Best Law Firms.” The firm was included in LMG Life Sciences’ 2016 rankings of law firms as a leader in Patent Strategy and Management and named among Law360’s 2015 Technology Practice Groups of the Year for courtroom victories in the technology sector. We also have been named to The National Law Journal’s “Intellectual Property Hot List” for multiple years.

Publications such as Chambers USA, the Daily Journal, The Best Lawyers in America and The American Lawyer have praised our representation of some of the world’s largest technology companies and our track record of success in the courtroom and at the negotiating table. Partners in the group were named to the National Law Journal’s 2017 list of Intellectual Property Trailblazers for being innovators in their field and have been selected for inclusion in Best Lawyers in America and Lawdragon 500 Leading Lawyers in America. Skadden’s recent representation of ZeniMax Media in a case against Oculus and Facebook, which resulted in a $500 million jury verdict, also was widely praised in the legal and mainstream press.

Business-Driven Solutions

Skadden’s IP litigation team crafts business-driven solutions that result in meaningful wins for our clients, both inside and outside the courtroom. These strategies include utilizing our broad media and publicity network, leveraging our deep experience in the operation of public and private businesses to identify potential non-legal means of resolving disputes, and providing a multidisciplinary approach by incorporating advice from Skadden attorneys on issues outside of IP, including tax, antitrust, regulatory or corporate transaction capabilities, as needed. Skadden’s broad capabilities and multinational reach allow us to tailor results-oriented solutions that make business sense for our clients. Whether through a decisive trial victory, a sophisticated settlement decoupling two parties, or a joint venture that resolves the instant dispute and allows for the parties to move forward in a mutually beneficial outcome, our focus on business-driven solutions places our clients in a superior strategic posture.