Mind + Muscle

technical minds + legal muscle

Bracket

Services

Litigation

Choosing the right trial team is a critical decision in any case, but it’s particularly important in a patent lawsuit because of the inherent complexity of the subject matter.

Here’s why Sterne Kessler is the right choice:

We’ve worked in your industry, so we understand your business.

With more than 50 Ph.D.s on staff—and scientific and engineering credentials wide and deep enough to staff the faculty of a science-oriented university—Sterne Kessler can grasp even the most complex technological and scientific issues. To keep our technical expertise on the leading edge, we’re always recruiting the best and the brightest attorneys and legal talent, with a special focus on individuals with the right industry experience and scientific training.

We know the law.

We’re specialists and recognized experts in intellectual property law. With a nearly 40-year history that touches on all aspects intellectual property law—including successfully litigating hundreds of cases—we have developed and honed proprietary processes that allow us to quickly understand your technology, to recognize the patent law issues affecting your case, and to determine cost-effective ways to handle it.

Our process works.

Sterne Kessler understands the importance of properly putting the case together from the very beginning—the value of due diligence and thorough research upfront, including the nuances that can make or break a case.

Early on, we work with you to determine your definition of victory. This is essential in developing the most effective strategy to achieve your goals. We understand that litigation is expensive and can exact significant costs on your business. So, whether you’re the plaintiff or defendant, we try to minimize the disruption to your business.

Our team seeks out those employees of your company who can best provide the details of your story, including information about your technology, business, philosophy, and position in the market. With your input, we identify the themes, possible witnesses, and essential documents we’ll need—and how to gain access to them. We also work with your organization to develop a task-based budget that reflects what we learned during our early case assessment and incorporates the most effective tactics to accomplish your strategic goals. At every stage of the process, we remain focused and responsive to your needs.

We’re ready to go to trial—and have proven our ability to litigate effectively time and again.

Our bench is deep, so we have the capacity to staff a patent litigation of any size. Having a litigation team with the demonstrated ability to successfully try cases can lead to early settlement on favorable terms and, if necessary, help to ensure the best possible representation at trial.

The majority of our litigators have a dual skill set: the ability to combine a thorough understanding of the disputed intellectual property with a sophisticated knowledge of patent law and practical trial skills. This allows them to provide critical insights into the substantive patent issues present in your case.

We can defend your winning judgment on appeal, or get a reversal if you've lost.

Sterne Kessler’s long-standing appellate practice has served the intellectual property litigation needs of its clients for most of the firm's 38 year history. Its practitioners have been involved in many of the seminal patent law cases to reach the Court of Appeals for the Federal Circuit and the U.S. Supreme Court over the past 30+ years. That includes direct involvement in cases such as Alice Corp. v. CLS Bank, KSR v. Teleflex, and Phillips v. AWH Corp. as well as serving as lead counsel in In re Beauregard, and In re Wands. For more complete information, please visit our Appellate Practice.

We provide complete solutions, the District Court phase is just one facet.

(1) Success Stories

  • Alembic Pharmaceuticals Limited

    Cleared the Way for Generic Drug

    Successfully represented Alembic in defeating a motion for a preliminary injunction and temporary restraining order brought by Otsuka Pharmaceuticals. We overcame multiple grounds including claim construction, direct infringement, induced infringement, invalidity, immediate and irreparable harm, balance of hardships, and the public interest factors. The decision is significant, clearing the way for Alembic to launch a generic version of Otsuka's multi-billion dollar blockbuster drug Abilify®.

  • Apotex, Inc.

    1st Pharma IPR

    Filed the first IPRs related to pharmaceutical products involved in Hatch-Waxman litigation.  Succeeded in having  IPR trial instituted on the patent and ultimately reached a favorable settlement of both the IPR and the concurrent district court litigation with the patent owner.

  • Borghese

    Protecting the Borghese name

    A royal family with a long lasting history in the cosmetic industry, descendants to the Borghese family were sued by a cosmetics company for using their own name on HSN. We took over the defense and drove a favorable settlement so that the Borghese children could continue to sell their products under their name

  • Glenmark v. Sanofi

    Removing obstacles

    When FDA approval for our client’s generic drug was blocked by the brand name competitor’s patent, they turned to us. We sued the brand name company in district court to remove the blocking patent and obtained a final judgment in 6 months.

  • KGB v. Jingle

    Jury trial leads to favorable verdict

    When one of the leading directory assistance providers was sued by a competitor, we took the case to jury trial and won a clean sweep. The patent was invalidated and we obtained a favorable verdict of non-infringement after jury trial before Judge Sleet.

  • Sun v. Jerry Bruch

    High stakes, critical deposition

    When the owner of the Snuggle Bear trademark discovered that their former licensee was selling selling unauthorized goods with the Snuggle Bear, we took the critical deposition of the former licensee who admitted that he was fraudulently selling goods. We then obtained a summary judgment of fraud that was later affirmed by the 2d circuit.

(3) Sterne Kessler Welcomes Litigators John Christopher Rozendaal & Michael Joffre to the Firm

Sterne Kessler Welcomes Litigators John Christopher Rozendaal & Michael Joffre to the Firm
A Case Study:

Sterne Kessler Welcomes Litigators John Christopher Rozendaal & Michael Joffre to the Firm

Sterne Kessler is pleased to announce that John Christopher (J.C.) Rozendaal and Michael Joffre have joined the firm as directors.

(4) Representative Cases

Guiding the toughest litigation challenges

    X

    Unsolicited e-mails and information sent to Sterne, Kessler, Goldstein & Fox P.L.L.C. will not be considered confidential or privileged, may be disclosed to others, may not receive a response, and do not create an attorney-client relationship with Sterne Kessler.  If you are not already a client of Sterne Kessler, do not include any confidential information in this message.