Intellectual Property

About

Companies around the world turn to us for their most important intellectual property and dispute resolution matters. We guide our clients through difficult issues, bringing our technical acumen, decades of experience and judgment to each situation. Our innovative approaches create original solutions to our clients' most complex domestic and multijurisdictional disputes.

Global contentious proceedings

Our team develops and coordinates litigation and enforcement strategies across the US and Europe. We ensure that enforcement strategies taken in one jurisdiction do not present conflicts in another. Clients call on our team to coordinate opposition and various national office proceedings in Europe with US litigation proceedings in district, federal and appellate courts. We present genuine depth and local law capability that few other firms can match. With IP practitioners strategically placed with the ability to act throughout our Firm's global network, White & Case is uniquely situated to assist clients with their IP needs.

Our patent practitioners have a multifaceted practice

Having been in the courtroom for patent litigations and negotiated complex patent license agreements, our patent practitioners have the perspective of a litigator. We routinely advise clients on structuring their patent portfolios to cover competitor products with valid claims that can survive litigation. We also have the view of a transactional lawyer (e.g., how patent assets may be evaluated in a business transaction), and of a business counselor (e.g., how the patent may best meet our clients' business needs).

Global strategic patent counseling

We collaborate with our clients to develop and manage their patent portfolios from a global perspective. Our first port of call is structuring clients' patent portfolios to meet the legal requirements of the US, Europe and other major markets, and extends through all phases of procurement. We routinely work with regulatory counsel to understand the interplay between regulatory and patent exclusivities and specialize in having an eye toward highlighting potential loss of exclusivity and risk mitigation strategies.

Key to our team – our cross-border IP capabilities

Our team has a unique international approach—we have dual-qualified lawyers who are both US lawyers and English solicitors, and we practice routinely before the USPTO, the European Patent Office and the UK High Court. Our practice thus combines a sophisticated understanding of the legal frameworks in the US, Europe and the UK, with unparalleled technical and scientific expertise to provide strategic cross-border legal advice. 

As in-house technical experts, we understand your business

Many of our lawyers and patent analysts hold advanced degrees and have specialized training in scientific and technical fields, including in molecular biology, synthetic organic chemistry and biochemistry, among other subjects. Our team leverages its experience across different technical and engineering disciplines to master the technology, file histories and prior art, and is able to provide exceptional, economical solutions to complex legal and business issues.

PTAB and IPR expertise

  • We routinely use IPR proceedings as an adjunct to defensive patent litigation proceedings and are adept at fending off the same in offensive patent litigation proceedings
  • We are a leader in helping clients protect and invalidate patents in US Patent Office post-grant proceedings, including inter partes review (IPR), covered business method (CBM) review and post-grant review (PGR) proceedings
  • Our market-leading PTAB practice enables a complete solution for patent clearance, protection and monetization
  • Our lawyers are patent litigators and have negotiated complex patent license agreements and routinely counsel clients on all aspects of patent matters

Industry strength

Innovation, industry convergence and evolving consumer behavior are driving tremendous growth opportunities in the global marketplace. We work closely with sector leaders on some of their most important IP matters around the world. Our longstanding strength within the life science and technology industries, among others, makes us a go-to firm for high-profile and high-stakes litigation.

We present genuine depth and local law capability that few other firms can match

With IP practitioners strategically placed, combined with the ability to act throughout our Firm's global network, White & Case is uniquely situated to assist clients with their IP needs

Our IP offering includes:

  • IP due diligence and freedom-to-operate
  • Technology transactions
  • Litigation and patent infringements
  • Trade secrets
  • Copyright, trademarks/TTAB and false advertising
  • Trade dress
  • Data privacy and cybersecurity
  • PTAB and post-grant practice
  • Strategic IP counseling
  • Cross-border counseling
  • Section 101 litigation
  • Hatch-Waxman litigation

Industry expertise:

  • Pharmaceuticals
  • Digital health
  • Technology
  • Consumer
  • ESG

 

View all lawyers in Intellectual Property

 

AWARDS & RECOGNITION

Recognized for Enforcement and Litigation; Prosecution and Strategy
World Trademark Review – WTR 1000 2022
"Sensitive to the risk profiles of its clients, the trademark team at White & Case dials in well-judged strategies that maximize brand protection without restricting business freedom."
World Trademark Review – WTR 1000 2022

Top 100 Best Performing Law Firms Overall
Patexia Litigation Report 2018 – 2021

Ranked as a top performing law firm representing petitioners
Patexia Litigation Report 2017 – 2021

Ranked as one of the most active law firms representing petitioners
Patexia Litigation Report 2018 – 2021

Tier 1: Litigation-Intellectual Property United States, New York and Washington, DC
U.S. News & World Report-Best Lawyers: Best Law Firms

Recognized as a leading firm in Litigation in the areas of United States National: California, DC, Metro Area, New York
IAM Patent 1000

"An expert and effective patent practice called on by some of the world's leading IP-driven businesses to represent them in high-stakes litigation"
Chambers USA

"White & Case's litigators are smooth operators on behalf of technology and life sciences industry leaders—nothing throws them off their trial game."
IAM Patent 100

"Clients entrust White & Case with their 'must-win' matters—disputes in which huge sums, invaluable patents and brands, and out-and-out company survival are at stake."
Chambers Global

White & Case LLP provides "excellent ongoing guidance," and "takes the time to understand the client's business in order to provide better legal advice."
The Legal 500 US: Intellectual Property

Experience

Pfizer
We have been IP counsel to Pfizer for the past 20 years and have handled numerous District Court litigation, Federal Circuit appeals and PTAB matters.

Meta
Representing Meta as global disputes counsel for international litigation, pre-litigation, class actions and regulatory matters, spanning more than 150 jurisdictions across six continents. Our work for Meta involves handling cutting-edge issues pertaining to intellectual property, privacy and data protection, intermediary liability, challenges to terms of use, free speech and unfair competition, as well as complex commercial disputes. We also advise WhatsApp and Meta Technologies on technology transactions, payments and product-related issues.

Microsoft
Representing Microsoft in defense of patent infringement allegations brought by The California Institute of Technology. The matter is currently stayed following a decision on an appeal at the United States Court of Appeals for the Federal Circuit involving three of the patents-in-suit and different defendants.

Vertex
Representing Vertex in Hatch-Waxman patent infringement cases pending in the District of Delaware concerning Vertex's KALYDECO® tablets, a treatment for cystic fibrosis.

A leading German consumer products manufacturer
Representing in trademark and unfair competition contentious matters as well as in software and IT- related litigation.

Bayer
Representation Representing in a broad range of complex IP issues involving pre-litigation investigations and PTAB proceedings related to their patent portfolios directed to various drug/crop science candidates in development to identify potential arguments that third-party challengers may deploy in litigation; strategic counseling on how to mitigate such risks and strengthen the existing portfolios worldwide for stronger patent coverage; as well as due diligence support, providing opinions on third-party patent risks, and advice relating to cross-border contested proceedings in the US and Europe.

DuPont
Representation of DuPont regarding the theft of trade secrets for DuPont's flexible printing film technology. The case involved extensive briefing on jurisdictional and constitutional issues, and had extensive settlement proceedings.