Patent Litigation
We protect the most innovative and valuable IP in the world.
When an organization’s livelihood rests on its IP, the ability to litigate effectively is crucial. Our clients tell us that the depth and breadth of our technical expertise, combined with our proven trial skills and strong industry knowledge, make Fish their first choice for patent litigation. Our clients come to us not just for litigation advice, but also for long-term plans. Making strategic decisions up front saves our clients’ money and helps ensure successful outcomes.
Fish has won some of the most significant patent trials. Our lawyers are in court nearly every day. With a packed docket and over 140 years of experience, we have seen and done it all. There are few litigation strategies we have not encountered. We have experience in virtually every jurisdiction and maintain broad credibility among judges, juries, and opposing counsel. We are well-versed in virtually every technology area, and we know how to present the facts, the law, and the technology clearly to judges and juries.
Our bench includes over 170 attorneys with trial experience and over 25 former Federal Circuit clerks. Our teams also include patent prosecutors and post-grant practitioners who intimately understand our clients’ technologies, potential prior art, and fine distinctions between claims. Together, our litigation teams, patent prosecutors, and post-grant practitioners develop creative and winning litigation strategies that other firms would never think of.
Hatch-Waxman
Our Hatch-Waxman practice is a deeply collaborative effort among our teams, who share an interdisciplinary knowledge of the relationship between IP law and the FDA regulatory landscape.
ITC
Our deep experience and winning track record in the ITC are why we handle more ITC patent litigation than any other law firm.
When billions of dollars and entire businesses are on the line, clients choose Fish when they need to win.
The world’s leading companies turn to Fish to protect their most innovative, valuable, and mission-critical patents around the globe.
We’ve earned our elite position by consistently winning the most important, technically sophisticated, bet-the-company patent cases for clients.
We take on the toughest cases even if it means losing a major battle before winning the war. Our clients stick with us when we win – and when we come in second – because of our track record of winning on Judgment as a Matter of Law and on appeal. We are often brought in to “fix” cases that other firms are losing in District Court or to flip them – or lessen the damages – on appeal.
No IP firm can match the depth of Fish’s patent litigation experience.
Fish handles more patent cases in District Courts, the Federal Circuit, the ITC, and the PTAB than any other national firm. Our vast experience lets us focus with laser precision on pivotal issues that other lawyers might miss, which is why Fish often develops new law. Handling more patent litigation than any other firm in the country means we see evolving trends before others. It allows us to look down the road and take steps that reduce risk and increase predictability in our clients’ cases.
The close integration of our patent and litigation practices makes Fish especially well-suited to handle inter partes review and other post-grant proceedings. Successfully challenging patent validity at the United States Patent and Trademark Office (USPTO) requires a solid foundation of prosecution and litigation skills, and our internal commitment to knowledge-sharing allows us to capture the lessons we learn in the courtroom and build them into our post-grant approaches.
More than 50 Fish attorneys have Hatch-Waxman experience, appearing on more than 30 Hatch-Waxman cases filed since 2019 and representing more than 20 leading pharmaceutical companies.
We served as lead counsel in one out of every seven newly filed ITC 337 investigations filed since 2020. Our ITC team includes an attorney who co-teaches, with an ITC administrative law judge, the first law school class in the country dedicated to Section 337 cases before the ITC.
We have earned numerous accolades for our advocacy.
- IP Practice Group of the Year, Law360, nine-time honoree
- IP Litigation Powerhouse, BTI (2014, 2018-2019, 2024)
- IP Boutique Firm of the Year, LMG Life Sciences (2017, 2020-2022)
- Band 1 Nationwide for IP, Chambers USA (2012-2023)