For more than 50 years, Finnegan’s lawyers have successfully litigated hundreds of cases involving the most technologically advanced and complex patents, as well as global trademark issues and trade secret misappropriations, in nearly all federal district courts, numerous state courts, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. Finnegan is one of the world’s largest intellectual property law firms in the world.
The firm practices all aspects of patent, trademark, and copyright, including counselling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to advertising, trade secret law, European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. We routinely appear before the U.S. International Trade Commission (ITC), and the U.S. Patent and Trademark Office (USPTO) and its Patent Trial and Appeal Board (PTAB). We have also worked at these courts and agencies, and many of our professionals have backgrounds as judicial law clerks or patent examiners, or both. With more than 230 litigators, we are fully prepared and qualified to litigate through trial and appeal.
Since being involved in the very first ANDA litigation, Finnegan has been a leading firm representing innovative pharmaceutical companies before federal district courts and the U.S. Court of Appeals for the Federal Circuit. Our successes derive from a deep bench of experienced and technically sophisticated attorneys who understand the long-term plans of innovative pharmaceutical companies as well as the legal particularities of ANDA litigation under the Hatch-Waxman Act and the nuances of pharmaceutical patent law. Over the last five years, our attorneys have represented 30 brand companies in almost 400 ANDA litigations involving revolutionary drugs such as Prolensa®, Relistor® subcutaneous, Relistor® tablets, Cymbalta®, and Abilify®. We consistently have 150+ ongoing ANDA litigations every year, providing counselling and litigation services in a range of technologies such as antibodies, automated DNA sequencing, diagnostics, imaging agents and other research tools, molecular mechanism infringement claims, and protein therapies.
When it comes to ITC litigation, Finnegan was litigating IP cases at the ITC long before it became the popular forum it is today. Litigating in the ITC presents a unique challenge—litigating a technologically complicated case in a short period of time, in a pressure-packed forum that can make or break the commercial success of the products at issue. At the ITC, summary determination is rare, and approximately 45 percent of Section 337 cases go to trial, all in front of an Administrative Law Judge (ALJ), not a jury. So when choosing a firm to litigate in the ITC, trial experience in the ITC is of paramount importance. In the past five years, Finnegan attorneys have been involved in nearly 15 percent of Section 337 cases. Over 130 of the firm’s attorneys have litigated at the ITC. Finnegan also has practitioners with ITC experience in the chemical, pharmaceutical, and mechanical fields. Our attorneys have even tried ITC cases involving design patents and trademarks. During the past two years, more than half of all ITC cases have involved electrical and IT-related technologies and semiconductors; Finnegan has more than 80 lawyers and over 20 professionals who have at least one degree in electrical engineering, computer science, or some other related form of specialized technology.
Finnegan’s trademark litigation practice spans numerous industries and covers all types of trademark rights, including service marks, trade dress, product configuration, trade names, domain names, letters, numbers, colors, and telephone numbers. Representing both plaintiffs and defendants, our lawyers have decades of experience litigating both large and small trademark cases before courts throughout the country and regularly appear before the U.S. Patent and Trademark Office and its Trademark Trial and Appeal Board (TTAB), the federal circuit courts of appeal, district courts, and other tribunals. We have an impressive track record of favorably resolving litigations for our clients, whether by choosing a forum that gives clients the best chance to win on the law, filing a motion to dismiss, obtaining an early temporary restraining order or preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial. One of our strengths is the use of experts to enhance our clients’ legal positions. For many years, we have worked with numerous consumer survey experts on a wide range of issues in trademark litigation, including likelihood of confusion, likelihood of dilution, genericness, secondary meaning, and fame. We also make strategic use of other experts in areas such as linguistics, marketing, consumer psychology, industry practices, and damages.
Updated Aug 2021