Innovative electronics companies rely on Sterne Kessler to enforce their IP rights and craft winning strategies that preserve freedom to operate in the marketplace. We know what it takes to win across any venue—with the trial skills, technical depth, and patent knowledge that delivers results.
In the last five years, Sterne Kessler has served as litigation counsel for both patent owners and accused infringers in more than 150 patent cases across 27 jurisdictions in federal district court. We are also one of the top five most active firms at the U.S. Court of Appeals for the Federal Circuit, and we are among the top 10% of most involved firms at the U.S. International Trade Commission (ITC) in that same time frame.
The Sterne Kessler Advantage
Industry-Focused Trial Teams
We are trial lawyers who know innovation firsthand, and our practice is built on a decades-long foundation of technical excellence. Our team includes attorneys and other professionals with more than 40 advanced degrees and Ph.D.s in computer science, electrical engineering, physics, materials science, and mathematics, so we can quickly grasp complex technologies at issue in a case. We use this technical know-how to develop effective arguments and explain challenging technology to judges and juries in a compelling way. Recent success includes securing an $83M jury verdict for TwinStrand Biosciences in a case involving a complex mix of computer source code and biology.
Tailored Legal Strategies
Our technical depth augments our team’s legal skill. We aim to identify the key pressure points in cases at the outset and craft creative legal strategies that maximize chances for success while minimizing risk. We recognize that these pivotal moments can arise early or late in litigation, but by anticipating key turning points, we can develop a strategic roadmap to secure success for our clients. Recently, on behalf of Block, we achieved multiple early-stage district court victories on § 101 subject-matter eligibility grounds.
Leaders Across Venues
We are particularly skilled at coordinating actions across multiple venues when a multi-venue strategy can be favorable for our clients. This includes collaborating with our PTAB Trials Practice on inter partes review and post-grant proceedings before the USPTO’s Patent Trial and Appeal Board. Over the past several years, we have represented Volkswagen in patent litigation in district court, the ITC, and at the PTAB, pivoting between venues to efficiently and favorably resolve litigation.
Working With Sterne Kessler
- Your goals always come first. We know that our clients’ strategic goals vary from case to case, and we tailor our approach to achieve those goals as efficiently as possible. From the outset, we align our strategy with your business objectives. Whether you are seeking early resolution or planning to take a case through trial, our team has the proven experience to guide you through any type of IP dispute.
- We help you expect the unexpected. Before the start of any matter, we work with you to define phases, assess risk, and identify important milestones. We can anticipate potential obstacles over the life of a case and develop a strategic plan to overcome them. We provide early and ongoing analysis of relevant patents, prior art, and products, and we formulate strong positions on invalidity, non-infringement, and claim construction at the outset of litigation.
- Communication is our highest priority. Litigation can be unpredictable, and we develop a communication plan with our clients to keep them well-informed through the life of a case. We regularly report on matters in an efficient and cost-effective way. We are also committed to developing budgets that align with your needs and expectations.
Representative Experience
Some of our recent success includes:
- Successful defense of Block in a litigation involving a patent related to updating media content on a user device. The U.S. District Court for the Southern District of New York granted Block’s motion to dismiss on subject-matter eligibility grounds and dismissed the case with prejudice.
- Litigation victory representing Block in a complaint related to systems and methods for processing financial transaction data. The U.S. District Court for the Southern District of New York granted Block’s motion to dismiss and found the claims of the patent invalid because they claimed patent ineligible subject matter under 35 U.S.C. § 101.
- Final judgment in favor of client Funai Electric Co., Ltd. After our team narrowed a 10-patent case down to 2 patents through use of inter partes review and summary-judgment motions. We precluded plaintiff’s damages expert from testifying as to one of the two remaining patents, leading to the stipulated final judgment in Funai’s favor.
Awards & Rankings
- “Tier 1” firm for Patent Litigation (Washington, D.C.) and “Tier 2” firm for Patent Litigation (National) – U.S. News – Best Lawyers Best Law Firms, 2024
- “Silver Band” for Patent Litigation in Washington D.C. – IAM Patent 1000, 2023
- 18 Sterne Kessler Directors ranked in Intellectual Asset Management’s IAM Patent 1000, 2023
- 14 Sterne Kessler Directors named “IP Stars” – Managing Intellectual Property, 2023