Sidley

Firm overview:

Sidley Austin’s patent practice is a core component of the firm’s global disputes platform, handling complex, high-stakes litigation at the forefront of technological and scientific innovation. With more than 100 lawyers dedicated to patent disputes, Sidley regularly represents clients in US district courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB), as well as on appeal before the Federal Circuit and, where relevant, the US Supreme Court. The firm is particularly well known for its ability to manage technically sophisticated matters involving infringement, validity, damages, and licensing across multiple jurisdictions.

The team has litigated patent disputes across a wide range of technologies, including microprocessors and computer systems, medical devices, video games, chemical compositions, telecommunications, and consumer electronics.

Team overview:

Sidley has over 100 lawyers actively involved in patent litigation.

Ching-Lee Fukuda is a partner and co-leader of Sidley Austin’s global IP Litigation practice and remains actively practicing at the firm. She is a highly experienced first-chair trial lawyer who leads complex patent infringement and validity disputes in US district courts, particularly in the life sciences, medical device, and technology sectors. Fukuda is known for managing large trial teams and for presenting complex scientific and engineering issues clearly to judges and juries in high-exposure patent cases.

Aimee Fagan is a partner and first-chair patent trial lawyer who co-leads Sidley’s IP Litigation practice and plays a central role in the firm’s patent disputes. Her practice focuses on patent litigation involving software, electronics, and emerging technologies, including matters proceeding through jury trial, bench trial, and appeal. She is frequently entrusted with lead trial responsibility in technically complex cases involving infringement, invalidity, and damages.

Mike Bettinger is a partner at Sidley Austin focusing on patent litigation and PTAB proceedings. His work centres on disputes involving software, electronics, and communications technologies, where he regularly coordinates district court litigation with inter partes review and other post-grant proceedings. Bettinger is particularly experienced in developing integrated strategies that align trial advocacy with technical and validity challenges before the PTAB.

Over the past year, Sidley has continued to strengthen its patent litigation offering through targeted lateral partner hires, including Greg Lantier and Alexis Cohen from WilmerHale.

Key matters:

• Changchun GeneScience (GenSci) Pharmaceuticals – patent and enforcement strategy

Sidley represents Changchun GeneScience in matters involving pharmaceutical innovation, supporting patent-driven enforcement and dispute strategy connected to biologic products and related technologies.

• Microsoft v SurfCast (US Court of Appeals for the Federal Circuit)

Sidley represented Microsoft in an appeal from a PTAB decision that had invalidated all asserted claims of SurfCast’s patents relating to graphical user interface technology. Sidley led the appellate briefing and oral argument, securing a Federal Circuit summary affirmance of the PTAB’s ruling. The decision effectively brought the related district court infringement litigation to an end, reinforcing Microsoft’s non-infringement and invalidity position.

• Appellate proceedings for Amgen

Sidley represented Amgen in appellate proceedings concerning discovery sought in the US for use in a patent infringement action in South Korea against Celltrion. After Celltrion appealed a district court order allowing discovery but not yet defining its scope, Sidley successfully moved to dismiss the appeal. The Third Circuit held that the order was not final and therefore not appealable, preserving Amgen’s ability to pursue discovery in support of its foreign patent litigation.

The case is: in re Application of Amgen Inc. for an Order Pursuant to 28 U.S.C. § 1782 (US Court of Appeals for the Third Circuit).

Clients:

Changchun GeneScience, Microsoft, Amgen