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For over thirty-five years, Irell & Manella LLP’s intellectual property litigation practice has stood at the intersection of the firm's litigation and high-technology/intellectual property practices, creating one of the country’s foremost practices of its kind. Irell & Manella's IP litigators are nationally known as leaders in the field, and are frequently praised by clients and colleagues:

  • "Highly creative – Irell never just uses the same old playbook." – Chambers USA (2015)
  • "Irell's lawyers are some of the most thorough, diligent and detailed-oriented practitioners you could hope to have on your side. They turn out brilliant results as a matter of course." – Intellectual Asset Management's IAM Patent 1000 (2015)
  • "The lawyers here are some of the most intellectually rigorous around, so while cases are staffed leanly, clients are never left wanting for the finest legal insight." – World Trademark Review's WTR 1000 (2015)

Our IP litigation practice includes patents, trademarks, copyrights, trade secrets, unfair competition, and antitrust issues. We are also called upon in significant commercial disputes involving technology. The attorneys in our IP litigation practice are adept at handling the most technically and legally challenging matters. Many have advanced technical degrees; all have extraordinary academic records.

Irell & Manella’s patent litigation practice is bounded by neither geography nor technical subject matter. As lead counsel, we have litigated patents from every technology discipline, including software, semiconductors, computer peripherals, visual effects, biotechnology, pharmaceuticals, medical products, telecommunications, industrial machinery, video games and e-commerce. We are proud to have been selected to litigate patent matters on behalf of well-known, industry-leading companies such as TiVo and eBay, as well as many younger, growing corporations. We have also represented a number of leading academic institutions, including the Wisconsin Alumni Research Foundation and Columbia University, and leading biotechnology and pharmaceutical companies, including Ariosa Diagnostics, Alnylam Pharmaceuticals and Gilead Sciences Inc.

Some of our recent engagements illustrate the depth and breadth of our patent litigation practice. For example, we obtained numerous victories resulting in more than $1.6 billion being paid to DVR market leader TiVo in patent infringement litigation; we secured the largest damage award ever affirmed on appeal by the California courts in any area of law for City of Hope, which resulted in more than $565 million paid by the defendant; we secured a quarter billion dollars in settlements and judgments for Tessera, Inc.; we obtained a $234-million jury verdict for the Wisconsin Alumni Research Foundation against Apple Inc.

Our IP litigation practice also boasts a team of 23 registered patent attorneys who practice before the U.S. Patent and Trademark Office (USTPO) and represent clients in all varieties of post-issuance proceedings, including inter partes review, covered business method, post-grant review and ex parte reexamination. The group features a former Chief Administrative Patent Judge of the Patent Trial and Appeal Board. 

In addition to patent litigation, we represent clients in high-profile copyright and trademark litigation in state and federal courts and before administrative agencies. We represent clients before the USPTO Trademark Trial and Appeal Board and the Court of Appeals to bring and defend oppositions and petitions to cancel. We represent both plaintiffs and defendants in copyright and trademark litigation, seeking and defending temporary restraining orders, preliminary injunctions, and trials on the merits. 

Some of our recent engagements include:

TiVo v. EchoStar, et al. Irell & Manella secured $1.6 billion in judgments and settlements including over $600 million paid by EchoStar after the jury verdict and post-trial proceedings; TiVo v. Motorola and TiVo v. Cisco – $490 million; TiVo v. AT&T – $215 million; TiVo v. Verizon – $250 million, plus future royalties.

City of Hope National Medical Center v. Genentech, Inc. Irell & Manella represented City of Hope, a non-profit biomedical research institute and hospital against Genentech, one of the largest biotechnology companies in the world. The suit alleged that, in an effort to deprive City of Hope of hundreds of millions of dollars in royalties, Genentech concealed numerous third-party licenses it had granted to patents that City of Hope had assigned to Genentech under a 1976 agreement. The patents at issue arose from early groundbreaking inventions discovered by City of Hope scientists in the field of recombinant DNA technology. After a six week trial, the jury returned a verdict in favor of City of Hope. The compensatory damage judgment was the largest award ever affirmed on appeal by California courts in any area of law. More than $565 million was paid by the defendant to City of Hope.

Stac Electronics v. Microsoft Corp. Irell & Manella represented a relatively small, independent computer software developer, Stac Electronics, in this bet-the-company lawsuit against software giant Microsoft. The suit asserted that Microsoft had infringed Stac’s patented data compression technology. After an intense year of pretrial conflict, in which Microsoft devoted enormous resources to the litigation, the case concluded in a month-long jury trial. The jury found that Microsoft infringed two Stac patents and awarded Stac $120 million. After the firm secured a sweeping post-verdict injunction requiring Microsoft to recall infringing products worldwide, the case settled.

Wisconsin Alumni Research Foundation v. Apple Inc. Irell & Manella represented the Wisconsin Alumni Research Foundation (WARF). A jury awarded a $234 million verdict in favor of WARF, in its patent infringement suit against Apple Inc. The damages verdict followed a liability verdict finding all asserted claims infringed and not invalid. The case involved claims that Apple's A7, A8 and A8X system-on-chip designs and the iPhones and iPads that contain them infringe a WARF-owned computer processing patent covering a predictor circuit. Irell also successfully represented WARF in Apple’s request for inter partes review (IPR) of the WARF patent. On April 15, 2015, the PTO's Patent Trial and Appeal Board declined to authorize an IPR on any grounds asserted in Apple’s petition, finding that Apple did not demonstrate it was likely to prevail on any of the challenged claims.

In the Matter of Certain Footwear Products. Irell & Manella represents Skechers USA in an International Trade Commission case in defense of trademark infringement allegations brought by Converse (owned by Nike). Converse alleging infringement of the Chuck Taylor "ALL STARS" trademark for athletic shoes with rubber toes and bumpers. The ITC trial took place in August 2015. In November 2015, the ITC ruled that Skechers' Twinkle Toes and BOBS product lines do not infringe Converse's registered trademark for the Chuck Taylor midsole. 

Ariosa Diagnostics, Inc. v. Sequenom, Inc. Irell & Manella represented molecular diagnostics company Ariosa Diagnostics in patent litigation against Sequenom. Ariosa brought an early summary judgment motion, and on October 30, 2013, the court invalidated Sequenom’s patent because it attempted to cover a natural phenomenon, which is not patent-eligible. The decision gave Ariosa a complete victory, allowing the diagnostics company to continue selling its popular Harmony™ Prenatal Test – an affordable, highly accurate, non-invasive blood test to determine fetal chromosomal abnormalities. This decision was affirmed in a precedential opinion by the U.S. Court of Appeals for the Federal Circuit, which later rejected Sequenom's petition for rehearing en banc. On June 27, 2016, the U.S. Supreme Court denied Sequenom's petition for a writ of certiorari, handing Ariosa a complete and final victory. 

In re Certain Electronic Products, Including Semiconductor Products, Manufactured by Certain Processes. Irell & Manella co-represented complainant Texas Instruments ("TI") before the International Trade Commission in a patent infringement action against Samsung which involved several TI patents. The action before the ITC was one of many patent infringement actions brought by TI against Samsung when Samsung refused to renew its patent licensing agreement with TI that expired at the end of 1995. Shortly before trial, Samsung settled with TI by entering into a new patent licensing agreement, whereby Samsung paid over $1 billion to TI over a ten-year period, with the bulk of the royalty payments occurring in the first several years.

Santarus Inc. v. Par Pharmaceutical Inc. Irell & Manella represented Santarus, Inc., a small innovative pharmaceutical company based in San Diego, in this case involving Santarus' drug Zegerid, which is used to treat disorders related to excess stomach acid. The district court found all of the asserted claims in the patents covering Zegerid to be obvious over the prior art. On appeal, the Federal Circuit held that eleven asserted claims in two patents were not obvious and reversed the district court on those claims. Because Par's generic was found to infringe the claims that were held to be valid, this decision cleared the way for a trial on damages. As a result of the victory, two days following the decision Par announced that it had voluntarily ceased further distribution of the infringing product. News of the victory caused Santarus' stock price to soar over 14% in one day. On September 22, 2014, Par Pharmaceuticals agreed to pay $100 million to Santarus to settle the dispute.

MAG Aerospace Industries, Inc. v. B/E Aerospace, Inc. Irell & Manella represented B/E Aerospace in defense of a patent infringement suit brought by MAG Aerospace Industries alleging infringement of three patents related to vacuum toilets used on aircraft. After a successful claim construction ruling, three summary judgments of noninfringement were granted in favor of B/E Aerospace in January 2015. Based on the rulings, the entire case against B/E Aerospace was dismissed. In March 2016, the U.S. Court of Appeals for the Federal Circuit affirmed in a unanimous precedential decision. In a parallel inter partes review victory in March 2016, the Patent Trial and Appeal Board invalidated the three patents that MAG asserted against B/E, concluding that they were obvious based on prior art.

Immersion v. Sony. Irell & Manella represented Immersion in this patent infringement litigation regarding complex tactile sensation technologies used in the popular Playstation videogame system. After trial in August and September 2004, the jury awarded $82 million to Immersion, and the trial court subsequently entered a permanent injunction against Sony’s sale of the infringing product (which was stayed pending appeal, conditioned on Sony’s payment of a royalty for the duration of the appeal). Ultimately, Sony's appeal was dismissed and Immersion received more than $150 million.

Immersion v. Microsoft et al. In an earlier action in which Immersion asserted the same patents against Microsoft with respect to the Xbox videogame system, Microsoft settled shortly after the claim construction hearing. Under the settlement, Microsoft agreed to pay Immersion $26 million for certain license rights to Immersion’s patent portfolio and an equity stake in the company. Microsoft also agreed to lend Immersion up to $9 million in convertible debt.

Juniper Networks Inc. v. Palo Alto Networks Inc. Irell & Manella secured its latest victory for Juniper Networks in May 2014, when Palo Alto Networks Inc. agreed to pay $175 million to resolve the patent litigation between the two network security companies pending in California and Delaware. Juniper Networks sued Palo Alto Networks ("PAN"), a company founded by former Juniper employees, in Delaware federal court for allegedly infringing seven Juniper patents. The patents at issue were invented by the founders of PAN when they were employed by Juniper. Irell successfully moved the district court to strike PAN’s defense of invalidity by invoking the federal common law doctrine of assignor estoppel, which prevents an inventor who assigns a patent to a buyer from later challenging its validity. The trial in February 2014 ended in a mistrial, leading to the settlement.

Tessera, Inc. v. Amkor Technology, Inc. Irell & Manella represented Tessera Inc. in a patent licensing dispute with Amkor Technology for almost a decade before resolving the litigation in January 2015 by securing a $155-million settlement. In 2014, Irell delivered Tessera an arbitration award of approximately $150 million following two trials before the International Court of Arbitration in the International Chamber of Commerce ("ICC"), and defeated multiple attempts by Amkor to overturn the ruling in both the ICC and San Francisco Superior Court. Irell also obtained a rare patent holder victory in an IPR proceeding before the PTO. 

St. Jude Medical Inc. v. Access Closure, Inc. Irell & Manella represented St. Jude Medical in a patent case alleging infringement by Access Closure of St. Jude's patents relating to vascular closure devices. The jury returned a verdict of willful patent infringement and awarded St. Jude $27.1 million in damages, reportedly the largest jury verdict in any area of law in the Western District of Arkansas. The court subsequently granted St. Jude's motion for a permanent injunction against the infringer.

Candle Corporation v. Boole & Babbage, Inc. This was the first trial ever involving any patent on computer software. Irell & Manella represented Candle Corporation in attacking the validity of a patent issued on software performance monitors for large mainframe installations. Irell & Manella won the case, which was concluded after a two-month jury trial.

Powertech Technology Inc. v. Tessera, Inc. Irell & Manella represented Tessera Inc. in this patent licensing dispute involving an agreement allowing Powertech to access Tessera semiconductor packaging patents for use in its integrated circuit assemblies. Powertech sued to terminate the license agreement and for breach of contract and fraud, claiming damages of more than $200 million and punitive damages. Tessera countersued for breach of contract and fraud. On January 15, 2014, the court granted summary judgment in favor of Tessera on almost Powertech's entire case and on all of Powertech's damages claims, denied Powertech's request to terminate the license, and ruled that Powertech had breached the parties' license agreement. The court also denied Powertech's summary judgment motion on all but one of Tessera's counterclaims. With Tessera's affirmative case left alive and trial scheduled for April 2014, Powertech agreed to a cash settlement that, following post-settlement proceedings, was set at $202 million.

Ultratech Stepper, Inc. v. Canon, Inc. and ASM Lithography, Inc. Irell & Manella represented ASM Lithography, a leading manufacturer of photolithographic equipment, which is used to make semiconductor chips. Ultratech sued ASML as well as Nikon and Canon, the other two top photolithographic equipment manufacturers, for patent infringement of “step and scan” machines. Nikon and Canon settled with Ultratech early on in the case. ASML went to trial, arguing that its own “step-and-scan” machine constituted prior art. After a four-week jury trial, the jury returned a verdict for ASML, finding all asserted claims of the patent at issue invalid. The Daily Journal recognized this victory as one of the Top Ten Defense Verdicts of 2005. The Federal Circuit affirmed the jury’s verdict in its entirety.

Linear Technology Corp. v. Novellus Systems, Inc. et al. Irell & Manella represented Novellus Systems Inc., a semiconductor manufacturer. Linear sued Novellus in 2002 alleging Novellus had breached its contractual obligations and statutory warranties to Linear and seeking $200 million in damages, as well as declaratory relief and injunctions. In February 2010, Irell prevailed before a jury, which took only seven hours of deliberation to absolve Novellus entirely, a result recognized by the Daily Journal as a Top Defense Verdict of 2010. The team also convinced the court to award Novellus more than $5 million in attorneys' fees. The verdict and fees were affirmed by the California Court of Appeal.

Peer Communications v. eBay and Skype. Irell & Manella represented defendants eBay and Skype in a patent infringement suit related to internet communications, including what is known as VoIP (voice over internet protocol). After claim construction, the district court entered judgment for eBay and Skype based on patent invalidity and dismissed the case with prejudice. The Court of Appeals for the Federal Circuit affirmed.

Netcraft Corp. v. eBay. and PayPal. Irell & Manella represented eBay and PayPal in a patent infringement action regarding online payment technology. After claim construction, the district court entered judgment for eBay and PayPal based on non-infringement, and dismissed the case with prejudice. The Court of Appeals for the Federal Circuit affirmed.

Microprocessor Enhancement Corp. v. Texas Instruments, Inc. Irell & Manella represented Texas Instruments in this case in the Central District of California. Irell & Manella obtained a complete victory for TI on summary judgment, finding that TI did not infringe the patent, that all claims of the patent are invalid, and that TI should recover its litigation costs. The Court of Appeals for the Federal Circuit affirmed.

Tessera v. Micron and Infineon. Irell & Manella successfully represented Tessera, Inc., a global leader in the development and licensing of semiconductor packaging technology. Tessera alleged patent infringement by Micron and Infineon, two of the world's largest manufacturers of DRAM, which is used as main memory in computer systems. Tessera further alleged that the defendants anticompetitively colluded to forestall widespread adoption of Tessera's patented technology, as part of their efforts to monopolize and then fix prices in the DRAM market. Shortly before jury selection, both Micron and Infineon agreed to resolve the case for $30M and $50M, respectively, in up-front payments, and royalty-bearing licenses to Tessera's patents on confidential terms.

Grayzel v. St. Jude Medical, Inc. Irell & Manella successfully defended St. Jude Medical, Inc. in a patent case relating to vascular closure devices. These devices are used at the end of angioplasty and other cardiac catheterization procedures. The number of cardiac catheterization procedures increased by 400 percent from 1979 to 2002; there are now over 1.5 million such procedures each year in the United States alone. Dr. Joseph Grayzel, a director of one of St. Jude’s vascular closure device competitors, sued St. Jude for patent infringement, seeking to enjoin St. Jude’s AngioSeal vascular closure device and recover a portion of the more than $1 billion in AngioSeal revenue. After discovery closed, St. Jude moved for and was granted a summary judgment of patent invalidity, and the lawsuit was dismissed.

Novellus Systems v. Applied Materials. Irell & Manella represented patent owner Novellus in this lawsuit concerning physical vapor deposition tools and methods for depositing metal onto semiconductor wafers. In 1999, as Novellus was in the process of acquiring the PVD assets of Varian, Applied Materials sued Novellus on four patents related to semiconductor manufacturing equipment and methods. Novellus brought a counter-suit against Applied Materials. Over the seven year period before negotiating a favorable global settlement between the parties, Irell & Manella, on behalf of Novellus, precluded Applied Materials from relying upon various invalidity contentions, defeated in whole or in part three summary judgment motions brought by Applied Materials, and succeeded in having all four of the patents asserted against Novellus dismissed entirely.

Affymetrix v. Incyte Genomics; Hyseq v. Affymetrix. Irell & Manella represented DNA microarray manufacturer Affymetrix in a series of high-stakes patent litigations in the Northern District of California. First, the firm asserted Affymetrix’s microarray patents against Incyte Genomics, Synteni, and Hyseq. The firm also defended Affymetrix against Hyseq’s claims that Affymetrix’s DNA microarrays infringe Hyseq’s “sequencing by hybridization” patents. The firm also represented Affymetrix against Incyte Genomics’ claims of patent infringement based on Affymetrix’s preparation of genetic sample materials for analysis.