Orrick, Herrington & Sutcliffe

Firm overview:

Orrick’s patent litigators advise leading innovators seeking to avoid massive damages, crippling injunctions and reputational harm, in their most challenging cases. In the past five years, Orrick has handled more than 60 patent trials, many of which were heard in the major patent arenas, from the Eastern District of Texas and the Northern District of California to the International Trade Commission (ITC). The firm has also handled more than 155 inter partes review proceedings before the Patent Trial and Appeal Board (PTAB) in that time.

Orrick’s patent trial and appellate lawyers work closely with clients’ in-house team and draw on backgrounds in science and engineering to advise on the technologies in dispute. Outside the courtroom the firm advises clients on IP counseling and licensing, with the aim of avoiding future disputes.

Team overview:

A peer notes the impressive level of preparation and detail in the work of patent litigator Tom Chen, who joined Orrick after several years as an investigative attorney at the ITC. Chen has also been associated with international law firms and has litigated life sciences patent matters involving large and small molecule therapeutics in various forums.

In September 2023, Raghav Krishnapriyan joined the IP litigation practice in San Francisco from Morrison Foerster, with a record of advising clients in the tech and life sciences sectors. The hire followed the firm’s addition in 2022 of a four-partner team focused on life sciences IP from Milbank in Southern California.

Key matters:

• Sonos v Google, Case No. 24-1097, US Court of Appeals for the Federal Circuit

Orrick’s Elizabeth Moulton represents Sonos in ongoing patent litigation against Google.

• Continuous Composites v Markforged, Case No. 1:21cv998, US District Court for the District of Delaware (Wilmington), 2024

Orrick secured a $17 million jury verdict for client Continuous Composites in a patent infringement dispute against Markforged over the sale of 3D printers. In September 2024, the parties entered into a settlement agreement, under which Markforged will make an upfront payment of $18 million to Continuous Compositions and three additional instalments of $1 million, $2 million and $4 million.

The deal also provides for a dismissal of all claims with prejudice and cross-licences of the parties’ respective patent portfolios, among other terms.

Clients:

Continuous Composites, Sonos.