James Gale discusses a recent Federal Circuit decision that faults the Patent Trial and Appeal Board for using the expression “common sense” in patent law.
Cozen O’Connor’s intellectual property litigators practice at the cutting edge of both law and science. We represent a range of companies, from small startups to multinational blue chips, that work in many sectors, including pharmaceuticals, biotech, industrial science, engineering, defense, computer software, finance, education, manufacturing, telecommunications, managed services, retail, arts and sports. Our attorneys handle high-stakes disputes over patents, copyrights, trademarks and trade secrets and routinely appear before federal and state courts, government agencies, and arbitration panels.
With the hiring of additional IP litigators in recent years, Cozen O’Connor has positioned itself as one of the nation’s leading advocates for generic pharmaceutical companies. Our group is a recognized leader in Hatch-Waxman litigation and has successfully tried these matters in jurisdictions throughout the country.
In most IP disputes, the concepts at issue are highly technical. It is essential that IP counsel have the requisite scientific training to understand those issues thoroughly and communicate with clients at a sophisticated level. More than half of our team holds advanced degrees in the natural sciences and nearly all have experience as research scientists in industry or academia. Our attorneys have worked at pharmaceutical companies and research universities, and have published work in top scientific journals.
Most importantly, our attorneys are capable of distilling complicated information to its essence for judges and juries. We know the key to winning a patent claim is to make the science clear and comprehensible.
At Cozen O’Connor, we combine scientific ability with legal prowess. As one of the best trial firms in the country, our experienced team of litigators includes some attorneys who have been trying cases for more than 30 years. With experience comes the ability to quickly identify the issues on which a client can ultimately prevail and develop an effective legal strategy around those issues. We are fully prepared to take the largest and most complex IP litigations to trial, but recognize when mediation or settlement will better serve a client’s interests. Our prescient legal analysis, insight into the thinking of fact finders and opponents, and calm under pressure serve clients equally well in the courtroom and the conference room.
Intellectual Property Appeals
Appeals constitute a unique subfield in IP litigation. Most IP matters are heard by the U.S. Federal Circuit Court of Appeals, the only circuit court in the country whose jurisdiction is determined by topic rather than geography. Because it is such a specialized court, clients need counsel who are deeply familiar with the institution and its judges, fluent in its vernacular, and capable of serving as both interpreter and guide.
Cozen O’Connor’s appellate attorneys have been successfully arguing cases before the Federal Circuit for decades — and have experience taking high-profile IP matters to the court both as private practitioners and lead government counsel. In addition to filing appeals, members of the IP group are often retained to advise clients on appellate issues during trial and post-trial proceedings. They analyze lower court rulings, guide trial attorneys on how best to present and preserve potential appellate issues, and assess the likelihood of appellate success. They also regularly draft amicus curiae briefs.
Our work at the Federal Circuit is part of a broader, sophisticated appellate practice. Cozen O’Connor’s appellate team includes more than 50 attorneys around the country with post-trial experience. They have collectively handled hundreds of appellate matters in courts across the country, served in prestigious judicial clerkships (including at the U.S. Supreme Court), authored law review articles, and served on law review editorial boards.
One thing that distinguishes Cozen O’Connor’s IP appellate practice is the amount of in-house legal experience we bring to the table. The team includes several former industry and government general counsels. During their tenures as senior in-house counsel, these attorneys oversaw hundreds of IP appellate matters — experience that critically informs the firm’s work today. It gives us tremendous insight into the needs and expectations of clients and allows us to communicate effectively about the hard business decisions that attend every piece of IP litigation.
Represent clients in patent, trademark, trade dress, or copyright infringement and dilution claims
Handle inter partes review and post grant review
Police and protect propriety marks and domain names worldwide
Obtain compensation for creators when work is copied without consent
Secure injunctions against the copying of works; conversely, defend rights of fair use
Represent clients in disputes under license, joint development and assignment agreements
Enjoin terminated distributors or franchisees from continuing to utilize trade name or marks
Handle claims regarding the misappropriation of ideas or trade secrets
Seize or block the importation of knock-offs or pirated goods; pursue counterfeiting violations
Lead Hatch-Waxman Act litigation for generic pharmaceuticals
Monitor and manage appellate issues during trial and post-trial proceedings
Argue intellectual property cases before the U.S. Federal Circuit Court of Appeals