Patent Litigation

As trusted partners to senior IP counsel and in-house legal teams at global enterprises, we combine deep legal acumen with real-world business insight to deliver results that protect and advance your company’s strategic objectives. After handling hundreds of suits involving assertions of patent rights and related IP issues, the firm stands apart because of our integrated approach. No matter the issue, we help you understand the facts and make decisions before events take control. If litigation can be avoided, we will find the best path. If it can’t, we know how to mount a vigorous case.

We recognize that high-stakes patent disputes are not just legal battles—they are business-critical events. Our approach is proactive and business-aligned: we anticipate risks, provide clear, actionable advice, and work collaboratively with your team to ensure that legal strategy supports your broader commercial goals. Our clients value our ability to see around corners, offering practical solutions that minimize risk and maximize opportunity.

We are particularly adept in industries that range from pharmaceutical and life sciences to telecommunications, consumer electronics, and technology sectors. Whether it’s avoiding liability for patent infringement, invalidating patents, or enforcing patent rights, we have a bench of lawyers who know how to protect your rights – in and out of the courtroom. Our team includes engineers, scientists, and former in-house counsel with hands-on experience in your sector. This industry-specific knowledge allows us to tailor litigation strategies that reflect the nuances of your technology and the realities of your market. Our success has led to the honor of recognition from our peers and by esteemed publications such as Chambers and Legal 500 for our track record in high-stakes, complex patent litigation.

We understand the pressures facing today’s IP leaders: unpredictable legal costs, the need for rapid, responsive counsel, and the challenge of aligning legal outcomes with business imperatives. That’s why we offer transparent, value-driven service models, clear communication, and a commitment to being a true extension of your team—available when and where you need us.

How We Help

• Risk Assessment and Litigation Avoidance Counseling
• Early-Case Assessment & Budget Modeling
• Pre-Trial Strategy
• District Court Litigation
• International Trade Commission Section 337 Proceedings
• Post-Grant Proceedings and Inter Partes Review
• Mediation and settlement
• Cross-Border Enforcement and Global Dispute Coordination
• Appellate Practice

Whether you are facing a bet-the-company lawsuit, seeking to enforce your IP rights globally, or navigating the complexities of cross-border disputes, ArentFox Schiff delivers the experience, innovation, and partnership you need to protect your most valuable assets and drive your business forward.

Our Work

• Represented a leading generic drug manufacturer in defending against 12 patents covering a medication used to treat hypotension; plaintiffs settled the night before trial, preserving our client’s launch plans.
• Represented a branded-injectable company asserting patents on a drug used to treat low blood pressure; negotiated a settlement that prevents market entry by the ANDA filer and safeguards roughly $30 million in annual revenue.
• Represented a leading generic manufacturer in Delaware Hatch-Waxman litigation challenging multiple patents on a $4 billion breast-cancer therapy, culminating in a confidential settlement shortly after trial.
• Secured a sweeping initial determination at the ITC for a smart-ring manufacturer, confirming every asserted claim and finding infringement by Chinese and Indian competitors.
• Represented a Los Angeles-based fashion brand in securing a complete victory at the US International Trade Commission, obtaining a general exclusion order that bars the importation of infringing footwear incorporating the client’s patented outsole designs. The matter involved successful summary determination on multiple design patent claims against numerous overseas footwear companies.
• Represented a leading vehicle systems company in copyright and design-related disputes, achieving a pre-trial settlement that halted the competitor’s infringing use of proprietary technical drawings and protected a growing patent portfolio for next-generation mirrors and safety products.
• Represented a pharmaceutical client accused of infringing a formulation patent covering a chemotherapy drug; obtained summary judgment of non-infringement after exposing fatal claim-term ambiguities.
• Represented a generic manufacturer in a Hatch-Waxman suit involving a drug commonly used to treat infections such as pneumonia; after a bench trial addressing both patent and administrative-law questions, the dispute is now before the Federal Circuit.
• In multi-jurisdictional disputes over COVID-19 swabs, moved for summary judgment under the PREP Act, a first-of-its-kind argument that could provide complete immunity from infringement liability.
• Achieved dismissal—subject to a narrowed re-filing—of claims that a DNA-sequencing platform infringed two microchip patents, positioning the client for another dispositive motion if the plaintiff amends.
• Defended a North American drug maker against patent-infringement claims tied to prescription anti-inflammatory tablets, persuading the district court to dismiss the lawsuit before any responsive pleading was required.
• Guided a global generics company through notice-letter strategy on an anticoagulant, resulting in no infringement action by the brand owner and positioning the client to challenge a competing generic’s patent assertions.
• Persuaded the Northern District of California to dismiss plaintiff’s declaratory-judgment action by demonstrating a lack of justiciable controversy over the client’s smart-ring patents.
• Stayed two Texas actions and moved to dismiss trade-dress and tortious-interference claims in New Jersey, positioning the manufacturer of the accused product for early resolution.