Intellectual Property Litigation

Davis Polk & Wardwell LLP’s intellectual property litigation practice, headquartered in our Northern California office, handles clients most significant matters spanning a broad spectrum of industry sectors and technologies, including:

  • Biotechnology
  • Consumer products
  • Digital television systems
  • Digital video recorders
  • Media and entertainment
  • Medical devices
  • Network architectures and applications
  • Video-on-demand systems

Our IP litigators are trial lawyers who have extensive experience handling patent infringement cases in courtrooms throughout the United States. We also represent clients with disputes regarding trade secret misappropriation, trademark and copyright infringement and false advertising. Clients benefit from our extensive courtroom experience as we provide counsel regarding preparation for potential IP litigation, IP enforcement and litigation avoidance. 

Recognition

U.S. News - Best Lawyers Best Law Firms:

    • Client Comment – “Although a small group within the firm, it is top-shelf and second to none. They are one of our go-to firms for the most important and complex adversarial patent matters.” 

Legal 500 U.S.:

    • Client Comment – Davis Polk's IP team “provide[s] a rare combination of nuanced strategic thinking, unparalleled substantive knowledge, and superior trial skills and experience.” "

BTI Consulting – "IP Litigation Standout," 2018

Notable Matters

  • Comcast. We represent Comcast in four patent infringement lawsuits against Sprint in federal courts across the country relating to telephony, video and Internet services. We have obtained multiple back-to-back wins for Comcast.
  • Fortune 50. We represented a major healthcare companyand two subsidiaries in a patent infringement suit brought by HealthTrio, LLC. The court granted motion for judgment on the pleadings and found all 497 patent claims invalid. The Court’s order brought to an end a four-year litigation that targeted a significant portion of the company’s healthcare informatics business.
  • Transcend Medical, Inc. We represented Transcend in a patent suit against Glaukos Corporation. A federal district court granted Transcend’s motion for summary judgment of non-infringement on all asserted claims.
  • VNUS Medical Technology. We obtained a jury verdict of infringement and an award of $45.8 million as well as several favorable settlements in favor of our client, in patent infringement litigation in connection with a non-surgical endovenous treatment to eliminate varicose veins.
  • United States Golf Association. We represented the USGAin connection with trademark infringement, false advertising, and unfair competition claims arising in the market for golf handicap computation services.
  • Baidu. We represented Baidu in the Southern District of New York in connection with a copyright infringement lawsuit related to MP3 files.
  • DHgate. We represented DHgate in connection with a copyright and trademark infringement lawsuit filed in the Northern District of California related to Internet sales.