Companies around the world – leading pharmaceutical innovators, fast-growing Internet and other technology companies, established multinational corporations and early development companies – turn to us for their most important intellectual property (IP) and technology needs.
From bet-the-company litigation to groundbreaking, cross-border transactions, the intellectual property and technology lawyers in our global network deliver decades of experience combined with a broad scope of technical expertise to our clients.
Worldwide, we offer a full range of legal services for the acquisition, commercialization, and enforcement of intellectual property and technology assets in the areas of:
- Trade secrets
- Data privacy and security
Our litigators win significant IP cases regardless of the technology involved. We try to resolve cases early, by motions to dismiss or favorable claim construction rulings; however, when needed, we try cases to judges and juries. We combine litigation teams in Europe and the US in order to provide integrated litigation strategies so that clients can take consistent litigation positions wherever the dispute may be adjudicated.
Leveraging our Firm's global experience and resources, we work with complementary practices such as antitrust/competition, trade and international arbitration, to litigate in various courts globally and before the US International Trade Commission (ITC), or to pursue mediation or arbitration. We offer our clients successful litigation strategies using lean and experienced teams.
Our lawyers supporting technology transactions represent one of the largest groups of any full-service law firm in the world. We offer our clients decades of experience in assessing and overcoming commercial, legal, regulatory and structural risks worldwide. The Technology Transactions Group provides strategic and commercial advice to our clients and counsels on all aspects of sourcing and IT transactions, including strategic sourcing, complex procurement and specialized information technology projects.
We advise leading global companies across a wide spectrum of technology transactions. We have been global leaders in the implementation of enterprise-level cloud computing solutions and "As-a-Service" offerings in the financial services and other industries. Our work ranges from negotiating all IP-related transaction documentation to structuring, negotiating and implementing complex sourcing and strategic alliances. Our lawyers advise on a range of commercial concerns including pricing, performance and governance – all with a view to developing sustainable relationships that serve our clients' objectives. We appreciate the need to incorporate flexibility into these transactions so that these dynamic relationships can adapt over time to meet ever-changing economic conditions and client objectives.
Building IP portfolios
- We work with clients to develop and manage patent portfolios in key markets through all phases of patent procurement.
- We represent patent owners and parties challenging the validity of patents in all aspects of US Patent Office post-grant proceedings, which has become a common, cost-effective option for defendants in patent litigation.
- Our lawyers protect and enforce trademark portfolios of leading brands worldwide, including prosecuting and clearing new brand names
- We regularly advocate for our clients in trademark matters before the Trademark Trial and Appeal Board.
AWARDS & RECOGNITION
Band 4 – Intellectual Property: Patent in New York
Recognized as a leading firm in Litigation in the areas of United States National: California, DC Metro Area, New York
IAM Patent 1000, 2019
"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 1000, 2019
"Tier 1 Litigation – Intellectual Property, United States"
U.S. News and World Report Best
Attorneys: Best Law Firms 2011 – 2019
White & Case is currently ranked the top performer representing petitioners with highest percentage of institutional success in IPR proceedings.
Unified Patents – May 2017
Patexia – September 2017
"Handles high-stakes patent litigation for clients active in high- technology and life sciences. Utilizes the firm’s wider expertise to great effect to advise on IP issues in commercial transactions."
Chambers USA 2016 – New York: Intellectual Property
"White & Case is an outstanding firm, with significant depth across its partners, senior and junior associates."
Chambers USA 2016 – New York: Intellectual Property
"Excellent reputation in patent infringement trials."
Chambers USA (New York) 2015
"International firm handling contentious and non-contentious IP matters, with notable strength in the trademark and unfair competition field."
Chambers Global 2014
Pfizer and UCB
We achieved a significant victory for Pfizer and UCB at trial in a Hatch-Waxman patent case against Mylan concerning the drug Toviaz, which UCB developed and licensed to Pfizer, which markets the drug in the United States. Toviaz generates approximately US$200 million in annual US sales. The recent 4 day trial was against Mylan before Judge Gregory Sleet in the District of Delaware. Mylan claimed that it would present stronger invalidity arguments than those raised in the prior case, but the Court found Mylan's theories unconvincing in light of the persuasive and credible testimony from our chemistry experts. At the close of evidence, Judge Sleet issued a rare general verdict from the bench in favor of our clients on all five patents, concluding that Mylan failed to present even a prima facie case of invalidity. The Court's decision confirms that no generic will receive final FDA approval to market a generic version of Toviaz until 2022.
We represent Pfizer on a broad range of intellectual property matters: patent infringement cases, cases involving antitrust claims based on patent settlements, and cases accusing Pfizer of copyright infringement. We also conduct US clearance investigations relating to branding of future US products.
We achieved a significant victory for Pfizer Inc. and its co-plaintiff Northwestern University in their patent infringement litigation against multiple generic drug companies involving patents covering Pfizer's blockbuster drug LYRICA® and certain of its therapeutic uses. The US Court of Appeals for the Federal Circuit affirmed the trial court decision, finding the LYRICA® patents valid and infringed by the defendants’ proposed products. This decision preserves Pfizer's exclusive market for LYRICA®, which generates over US$1 billion in yearly sales in the United States alone, until December 2018.
In an antitrust case (based on settlement of a patent case) involving the largest-selling pharmaceutical product in history, LIPITOR (US$12.5 billion per year), the district court granted our motion to dismiss with prejudice in its entirety. The court agreed with us that the plaintiffs failed to state a claim that the settlement agreement at issue contained a "reverse payment," dismissing plaintiffs' challenge to the settlement agreement. The court also agreed with our argument that Pfizer's conduct before the US Patent and Trademark Office (PTO) and before the US Food and Drug Administration (FDA) was lawful, dismissing plaintiffs’ other claims alleging fraud on the US Patent and Trademark Office and filing of a sham citizen petition with the Food and Drug Administration.
We represent Google in a number of patent litigation matters in various district courts and before the ITC. In addition, we advise Google in connection with various intellectual property and technology licensing and strategy matters.
We recently obtained a total victory for Google in a software/business patent infringement case brought by Walker Digital LLC, a prolific patent assertion entity, over two patents. We represented Google in the US District Court for the District of Delaware and won the dismissal of all claims in the case. The patents were directed to methods and systems for controlling the release of confidential or sensitive information between two parties. Based on US Supreme Court precedent, we argued that Walker Digital's patent claims were directed to an unpatentable "abstract idea," that the claims lacked any "inventive concept" that might save them and thus, that it was irrelevant that the claims referred to using a computer to perform the steps. Ours was one of the few early cases where a district court held patents at issue invalid by applying the two-step analysis in the US Supreme Court's Alice decision.
World Bank Group
We authored the Cloud Computing Report for the World Bank Group in 2012 and advise them on cloud strategy on an ongoing basis. This detailed report not only involved an analysis of the application of cloud computing solutions in general but also addressed the Cloud in the context of the World Bank Group's unique privileges and immunities. We also advised the World Bank Group on Project PRISM and similar governmental intercept programs.
We advised Deutsche Bank in the outsourcing of its asset management investment platform – one of the largest outsourcing deals of its kind – to BlackRock, a multinational investment management firm. The IT solution offered a highly scalable system with the ability to evolve with our client's needs. The transaction reduced our client's costs, improved operational efficiency and reduced risk across the company.
We advised Deutsche Bank AG in the dissolution of its joint venture with Xchanging. As part of the dissolution, Deutsche Bank acquired Xchanging's shares in Xchanging Transaction Bank GmbH. The joint venture provided securities processing services to Deutsche Bank and other financial institutions. We advise Deutsche Bank on a number of technology matters.
We represent UCB, a Belgium-based, global biopharma company, in US patent infringement cases. A recent significant victory, upheld by the US Court of Appeals for the Federal Circuit, involved defending UCB against patent infringement claims brought by Apotex, a generic drug manufacturer, in the US District Court for the Southern District of Florida. After a three-day bench trial on mostly equitable claims, the court held that Apotex's patent was unenforceable, in addition to other rulings favorable to UCB.
We represent, and provide strategic counseling to, the Global eCommerce Division of Walmart – the world's third-largest public corporation and biggest private employer – globally on a variety of intellectual property matters, including patent, trademark and copyright matters.
White & Case serves as Facebook’s international (i.e. non-U.S.) litigation counsel, handling cutting-edge issues in 150 countries across six continents, which involve matters including intellectual property, privacy, data protection, competition and regulatory issues, election law strategy and advice, content strategy, defamation, free speech and censorship battles, hosting provider and intermediary liability issues, criminal and civil investigations and consumer class actions. White & Case also advises WhatsApp and Facebook Technologies on technology transactions, payments and product-related issues.
We successfully represent Hewlett-Packard in patent litigation actions in the US and Germany.
We secured a major victory for credit reporting agency Experian against rival Fair Isaac, the producer of FICO credit scores. Fair Isaac sued Experian alleging antitrust violations, trademark infringement and false advertising in an effort to stop Experian’s competing VantageScore credit scoring service. We won summary judgment on the antitrust and false advertising claims, and we prevailed in a jury trial on the trademark claims. Our victories were all affirmed on appeal.
Toshiba Corporation relies on us to prosecute their patent applications before the US Patent Office and obtain patent protection in the US.