Founded in 1978 and based in Washington, D.C., Sterne Kessler is a premier law firm dedicated exclusively to the protection, transfer, and enforcement of intellectual property rights. The firm has more than 160 lawyers, registered patent agents, students, and technical specialists number over 170 and include some of the country’s most respected practitioners of IP law. Most of these professionals hold an advanced level degree, including more than 50 masters degrees and more than 50 doctorate degrees in science or engineering -- credentials wide and deep enough to fill the faculty of a science oriented university.
For over 40 years, the patent prosecution group has been preparing and prosecuting patent applications. This renowned group prosecutes and enforces utility and design patents for Fortune 500 companies with extensive, active patent portfolios, as well as small startup companies that rely on the patent system to obtain funding and to head off competition.
The trial & appellate group practices before Federal District Courts throughout the United States in complex IP cases involving software, biotech products, medical devises, pharmaceuticals, electronics, and consumer products. With more than 50 PhDs on staff, the group seamlessly blends disciplines to ensure the right team is handling the legal and technical challenges specific to the IP dispute at hand. The group provides counsel across a broad spectrum of IP issues, including patent infringement actions, trademark and copyright issues, licensing disputes, breach of contract, trade secrets and Lanham Act matters to name a few.
Since the inception of the U.S. America Invents Act (AIA) in 2012, the patent office litigation practice has worked on more AIA reviews than any other law firm at the United States Patent and Trademark Office Patent Trial and Appeal Board -- the PTAB. The group has handled more than 1000 IPRs and other post-grant reviews on behalf of both patent owners and third party requesters. The PTO litigation group represents both petitioners and patent owners, in a wide range of the PTAB’s technology centers-- biotech and chemical, electrical, and mechanical.
The appellate litigation practice handles appeals to the U.S. Court of Appeals for the Federal Circuit, as well as circuit courts around the U.S. The practice handles appeals from district courts, the U.S. International Trade Commission, and the PTAB.
International Trade Commission:
The ITC Section 337 investigations team represents complainants and respondents of international companies before the US International Trade Commission (ITC). The team uses its technical expertise and proximity to the ITC headquartersin Washington, DC to assist clients in navigating the multifaceted process related to Section 337 investigations. These complex, fast-paced matters require a unique and essential blend of skills in litigation, administrative law, and patent law, as well as technical skills. The team’s clients include commercial manufacturers and importers, in addition to retailers of accused products. The team is highly experienced in managing the fast track nature of the ITC proceedings, the complex issues involved in accused technologies, and following the precise agency rules associated with investigations. Sterne Kessler has more experience at the ITC than 95% of firms appearing there since 2015, and the firm successfully took 5 investigations through trial throughout 2018-19.
Trademark & Brand Protection:
The Trademark & Brand Protection Practice draws on more than 30 years of experience meeting the intellectual property needs of companies developing and maintaining strong brands around the world. Comprehensive and strategic IP protection and enforcement helps businesses both differentiate their product and service offerings from those of competitors, and helps them achieve their full market potential.
The practice’s well-thought-out IP strategies guard against patent, trademark, and copyright infringers, knock-offs and counterfeiting, online fraud, and idea theft by competitors, insiders, partners, and manufacturers – all of which can harm the reputation and brand of companies large and small.
Bradley’s Life Sciences team has a global perspective and deep trial experience in some of the most challenging jurisdictions in the United States. Our attorneys counsel and defend clients involved in pharmaceuticals, medical devices, molecular testing services, drug delivery systems, clinical labs (CLIA), genomic labs, bioinformatics, genomic medical clinics, research institutions, contract research organizations, animal sciences, plant sciences and healthcare. We serve as international, national, regional, and statewide counsel across the full spectrum of litigation and risk management, including high-stakes individual matters, complex multidistrict litigation, and cross-border concerns requiring coordinated novel legal strategies. Our attorneys combine legal experience and knowledge with a sophisticated understanding of the life sciences industry to develop practical, strategic solutions specifically tailored to our clients’ business goals.
In addition to our life sciences efforts, Bradley frequently serves as national coordinating, regional, and statewide counsel for business clients around the world, offering a full suite of legal services in dozens of industries and practice areas, including:
Affordable Housing and Community Development | Antitrust and Competition | Appellate
Banking & Financial Services
• Anti-Money Laundering • Auto Finance • Broker-Dealer and Investment Adviser • Commercial Lending • Consumer Financial Protection Bureau (CFPB) • Payment Systems • Examinations and CIDs under Litigation • Small Dollar and Unsecured Consumer Lending • Licensing and Examinations • Privacy, Security and Innovation • Regulatory Compliance • Reverse Mortgages • Title Insurance Claims and Title Defect Curative • Vendor Management
Cannabis | Class Actions | Construction
Corporate and Securities
• Capital Markets and Corporate Finance • Emerging Growth Companies • Mergers and Acquisitions • Private Companies • Private Equity • Public Companies • Public Finance • Securities Regulation and Corporate Governance • Venture Capital
Cybersecurity and Privacy | Economic Development | Emerging Growth Companies
Employee Benefits and Executive Compensation | Energy | Environmental Law
Food, Beverage and Hospitality | Franchise and Distribution | Government Contracts | Government Enforcement and Investigations | Governmental Affairs
• ACOs, Value-Based Payments, and Managed Care • Ambulatory Surgery, Outpatient Imaging and Other Outpatient Services • Certificate of Need • Clinical Research • M&A and Joint Ventures • Home Health and Hospice • Hospitals and Health Systems • Medical Staff Issues • Nonprofit and Tax-exempt Issues • Post-Acute and Long Term Care • Regulatory Compliance
• ERISA Litigation • Life, Health and Disability Litigation • Policyholder Insurance Coverage • Regulatory/Corporate/ Government Relations
• Copyrights • International and Cross Border • Patents and Patent Litigation • Technology Transactions
Labor and Employment • Immigration
• Food and Agriculture Litigation and Regulatory • Life Sciences Litigation
• Complex Business Litigation • Electronic Data and Discovery • Environmental & Toxic Tort Litigation • Healthcare Litigation • Managed Care Litigation • Medical Malpractice • Product Liability
Media and Entertainment | Public Finance | Retail
• Commercial Leasing • Foreign Investment in U.S. Real Property • Institutional Investment • Real Estate Acquisitions and Dispositions • Real Estate Finance and Development • Zoning and Land Use
Tax | Telecommunications and Utilities | Trusts and Estates
Williams & Connolly has a long-standing reputation as one of the nation’s premier litigation firms, with a cadre of top-tier trial lawyers. The firm is regularly recognized as a leader in life
sciences, intellectual property, and products liability by Managing IP, LMG Life Sciences, and Chambers USA, among others. Recent recognitions include The National Law Journal’s 2017 “Washington Litigation Department of the Year” for Products Liability, and one of the top four patent litigation practices nationally for 2017 by IAM Patent 1000 - The World’s Leading Patent Practitioners.
Patent litigation and licensing disputes. Williams & Connolly is the “go-to” intellectual property litigation
firm for many of the biggest companies and most important cases. The patent litigation group marries the experience of seasoned firstchair trial lawyers with that of a team of scientifically trained lawyers, including ten former Federal Circuit clerks and thirteen members of the patent bar. Their collective strength is in mastering the technical and scientific issues raised by patent disputes, providing a nuanced understanding of the relevant legal issues, and describing them in ways that both judges and juries easily can understand.
Williams & Connolly represents both U.S. and international market leaders, large and small, in a wide range of sectors for which patent litigation is a critical and essential component of the company’s asset-protection strategy. In the pharmaceutical and biotech sectors companies such as Pfizer, Eli Lilly, Genentech/Roche, AstraZeneca, and its division MedImmune, Bayer, and Novartis and its division Alcon entrust critical patent litigation to the firm.
The firm has represented both patentees and alleged infringers in litigation and post-grant review proceedings spanning a wide range of technologies, including pharmaceuticals, medical devices, biotechnology, electronics, and software. Williams & Connolly’s patent lawyers are outside counsel of choice for many leading corporations in the life sciences arena in matters including:
• Hatch-Waxman pharmaceutical litigation
against generic companies • Wide-ranging patent, licensing, and trade secret litigation for biotechnology companies • Patent and licensing disputes on behalf of medical device manufacturers • Representing petitioners and patent owners in inter partes review proceedings • Representing major law firms in professional responsibility claims of malpractice rising from their patent litigation or prosecution work
Recent practice highlights include: • Successful representation of Pfizer and several of its subsidiaries at trial and on appeal against a generic manufacturer attempting to sell a version of a Pfizer anticancer drug. • Successful representation as lead counsel for Bayer in several Hatch-Waxman cases relating to Bayer’s erectile dysfunction drug products
Levitra® and Staxyn®. • Successful defense of Eli Lilly in two bench trials over the validity and infringement of a Lilly patent protecting its blockbuster anticancer drug Alimta®, which has annual U.S. sales of over $1 billion. • Successful representation of Mirowski Family Ventures in a jury trial that returned a $309 million verdict against Boston Scientific Corporation for breach of contract and patent licensing issues related to its implantable cardioverter defibrillator and won on appeal.
Products liability. Williams & Connolly is also a recognized force in the products liability arena, and is home to some of the most successful products trial lawyers in the country. The team has extensive experience representing pharmaceutical and medical device makers and distributors in all aspects of national and international litigation as lead trial counsel, national or global coordinating counsel, “endgame”/resolution counsel, and appellate counsel. With several dozen attorneys who spend more than half their time on products litigation, the firm regularly represents many of the world’s leading companies in highstakes litigation in the U.S., Europe, Africa and Asia.
Recent practice highlights include: • Representation of Bayer, Genentech, Stryker, Pfizer, Merck, AstraZeneca, Medtronic, and Endo Pharmaceuticals in products litigation • Several recent trial victories for life sciences clients, including jury trial wins for Alcon and for Pfizer/Wyeth • Several recent appellate victories on the issue of “innovator liability” • Multiple defeats of class certification
• Serving as lead national counsel in diabetes products litigation, national counsel on Viagra- melanoma litigation, resolution counsel on two major litigations (each involving thousands of cases), and trial counsel in multiple drug and device litigations
Commercial Litigation. Williams & Connolly lawyers handle virtually every kind of complex commercial litigation imaginable for businesses in the life sciences, pharmaceutical and healthcare industries, with a particular emphasis on preparing and taking cases to trial.
Recent practice highlights include: • Defended Alcon Research against $400+ million in contract and trade secret claims: 2017 jury trial defense verdict on contract claims, and defense summary judgment on trade secret claims. • Represented Pfizer in $100+ million commercial dispute: 2017 arbitration award on all claims before the AAA’s International Centre for Dispute Resolution (ICDR). • Representation of Eli Lilly, Cardinal Health, Pfizer, AstraZeneca, Omnicare, and Bristol- Myers Squibb in a range of complex cases.
Antitrust, white collar and government investigations.
Life sciences clients, including those in the pharmaceutical and other healthcare sectors, also look to Williams & Connolly in the face of significant and complex antitrust, white collar and government investigation matters.
Recent practice highlights include: • Representation of many significant life sciences and healthcare companies navigating government investigations including Pfizer, Wyeth, CVS Health, Medco Health Solutions, Express Scripts, Cardinal Health, Emerge Medical, Liberty Health Care, Omnicare, and Sunrise Senior Living. • Successfully defending AstraZeneca in landmark antitrust litigation seeking $60 billion in alleged damages.
For more information, please visit www.wc.com, or contact our practice co-chairs:
David I. Berl, (202-434-5491, firstname.lastname@example.org)
Jessamyn S. Berniker, (202-434-5474, email@example.com)
Heidi Hubbard (202-434-5451; firstname.lastname@example.org)
Joe Petrosinelli (202-434-5547; email@example.com)
John Schmidtlein (202-434-5901; firstname.lastname@example.org)