IP Litigation

Potter Anderson & Corroon has long represented national and local clients in disputes regarding patents, trademarks, copyrights and trade secrets in the Delaware federal and state courts.  The United States District Court for the District of Delaware has experienced unprecedented growth in filings of patent and trademark cases, with Potter Anderson & Corroon attorneys serving as lead counsel or Delaware counsel in a substantial number of these cases.  Our intellectual property practitioners have accumulated a wealth of experience in, and information about, litigation of intellectual property disputes in Delaware, which expertise we bring to bear to maximize the effectiveness of our representation of each client.

Our practice is a balanced one, representing plaintiffs and defendants in intellectual property disputes in a wide range of disciplines.  Recent disputes have related to LCD technology, genetically modified seeds and plants, other types of biotechnology, business methods, medical devices and pharmaceuticals.  At any give time, our intellectual property litigators are involved in more than fifty cases.  We have significant experience in both bench and jury trials, and also have resolved many cases through negotiation and mediation, where appropriate.

Representative Matters

Some of our recent successes include the following:

• Advanced Medical Optics v. Alcon – represented plaintiff in successful patent infringement action relating to phacoemulsification equipment in which we obtained one of the largest jury verdicts of 2005, which was then trebled based on a finding of willful infringement.
• Corning v. SRU – represented plaintiff in successful patent infringement bench trial relating to drug detection technology through label independent detection, where court held patent infringed and not invalid.
• IMX v. LendingTree – represented plaintiff in successful patent infringement action relating to electronic, real-time loan trading technology, in which jury found patent willfully infringed and not invalid.
• PharmaStem Therapeutics, Inc. v. ViaCell, Inc. – represented plaintiff in successful patent infringement jury trial relating to technology for collecting, cryopreserving and storing stem cells derived from umbilical cord and placental blood for future therapeutic use.  Obtained jury verdict, including a finding of willful infringement.
•  eSpeed v. BrokerTec and OM – represented defendants in successfully defending a patent infringement trial relating to electronic trading of government bonds, in which jury found that the patent was invalid and the court ruled that the patent was obtained though inequitable conduct.  
• Glaxo Wellcome Inc. v. Genentech, Inc. - represented defendant in successfully defending a patent infringement trial relating to two of Genentech’s leading oncology products, Herceptin® and Rituxan®.  Jury found that Genentech’s products did not infringe and that all of the patent claims Glaxo asserted were invalid.