WilmerHale

Firm overview:

A litigation powerhouse, WilmerHale takes a multidisciplinary approach to staffing patent cases, drawing on courtroom expertise and deep technical knowledge to achieve results for a diverse client base. The firm has represented major players in the technology, life sciences and other industries, and has lawyers in the US, UK and Germany ready to collaborate on global IP disputes.

Says a peer: “I think of them as strong across the board. They have good advocates, regardless of the nature of the dispute.”

Team overview:

Partner Mark Selwyn co-chairs the IP Litigation Practice Group and counts many of Silicon Valley’s most prominent tech companies among his clients. His IP experience extends across a diverse array of technologies, from biomedical to wireless communications, and his successes for clients have earned him numerous accolades.

Peer recommended Boston-based partner William (Bill) Lee is a highly acclaimed trial and appellate lawyer who has tried more than 200 cases to verdict, including some of the most prominent disputes over the last decade.

Says a peer: “He is just a titan of the bar. I mean, not only is he just incredibly brilliant, he's just a likable dude. That combination is just really rare.” Lee acted as lead trial counsel for Apple in several cases between the tech giant and Intel and Qualcomm, and has been regularly noted by industry publications for his courtroom achievements.

Vice chair of the IP Litigation Practice Group Mary (Mindy) Sooter handles IP matters for large companies such as those in the medical device, telecoms and technology sectors, and draws on her engineering background to present highly technical subject matter to a jury in an accessible and persuasive manner.

“Very capable advocate,” Kevin Prussia is a partner in the Litigation/Controversy Department, a member of the Intellectual Property Litigation and Trial Practice Groups, and a member of the firm’s Management Committee. Representing life sciences and technology companies in major disputes, his experience covers trial and appellate practice, bench and jury federal trials, International Trade Commission investigations, Patent Trial and Appeal Board proceedings, and appeals to the Court of Appeals for the Federal Circuit.

Key matters:

Contentious:

• Ravgen v Natera, 2024

Michael Summersgill and his co-counsel secured more favourable outcomes for their clients than others in a series of lawsuits brought by Ravgen over pre-natal screening tests. Ravgen asserted two patents against eight companies in the non-invasive prenatal testing (NIPT) industry, with some of those lawsuits resulting in large awards and settlements including a $373 million win for Ravgen against Labcorp. In January 2024, a US jury found that Natera’s prenatal screening technology infringed a Ravgen patent and awarded damages of $57 million—a fraction of the $1.2 billion Ravgen could have sought if its wilfulness allegations had been upheld.

• Ravgen v Ariosa Diagnostics, 2024

In September 2024, Ravgen and WilmerHale client Ariosa Diagnostics—a Roche subsidiary—settled after the court’s tentative ruling in Roche’s favour cut the potential damages to less than $3 million, a small fraction of Ravgen’s claim.

• Intel v Qualcomm, Federal Circuit, 2024

WilmerHale obtained a significant victory in September 2024 for Intel in a seven-year dispute with Qualcomm over power-related patents. The Federal Circuit affirmed decisions by the Patent Trial and Appeal Board (PTAB) in four inter partes reviews, invalidating a total of 31 claims of the patent at issue owned by Qualcomm.

The decision resolves one of the last remaining disputes arising out of Qualcomm’s assertion of various patents dating back to 2017. Notably, WilmerHale defeated claims related to the patent in four US forums: the International Trade Commission (ITC), US District Court, the PTAB and the UnS Court of Appeals for the Federal Circuit.

The WilmerHale appeal team was Louis Tompros, Kathryn Zalewski, Gary Fox, Dave Cavanaugh, Tom Saunders and Todd Zubler.

• Intel v VLSI, Federal Circuit, 2024

In December 2024, WilmerHale and its client Intel secured a significant victory from the Federal Circuit, concluding a long-running high stakes patent litigation between Intel Corp and VLSI Technology concerning microprocessor technology.

Leading the case for Intel in various jurisdictions and courts since 2018, the WilmerHale team clinched a reversal of a $2.18 billion jury verdict and sent the case back to the Western District of Texas for a retrial. The Appeals Court reversed the judgment of infringement on one of the two patents at issue, remanding the case for a damages trial on the other.

The case demonstrates WilmerHale’s handling of long-term, complex, high-stakes litigations. The WilmerHale team was William Lee, Alison Burton, Lauren Fletcher, Joseph Mueller, Steven Horn, Amanda Major and Mindy Sooter.

• Wisconsin Alumni Research Foundation v Apple, Federal Circuit, 2024

Partner William Lee argued for Apple in the latest instalment of a long-running dispute between the school and the tech giant over microprocessors. In August 2024, the US Court of Appeals for the Federal Circuit upheld a federal court’s ruling that the research foundation was not entitled to a new trial after an appeals court wiped out a jury verdict in its favour.

Clients:

Apple, Cisco, Intel, Natera, Roche.