Patent Litigation

Knowledge of the Technology Sets Us Apart

At the core of Mintz’s patent litigation success is our deep understanding of client technologies. Whether defending against claims of infringement or enforcing a client’s exclusive patent rights, we develop and execute legal strategies informed by that knowledge. Companies like Kowa Pharmaceuticals appreciate that approach. That's why Kowa placed the protection of its innovative cholesterol-lowering pharmaceutical Livalo in our hands.

Awards

IAM Patent 1000

Multiple patent litigators recognized (2015 ‒ 2020)

ITC Intelligence Report

Among the top 10 Complainant firms in ITC Section 337 cases over the past 5 years, per Patexia's annual report (2020)

IAM Strategy 300

IP Division Head and leading patent litigator recognized (2015 ‒ 2020)

Managing Intellectual Property

Massachusetts IP practice included among MIP’s “Top Patent Firms” (2019)

Our Experience

Hatch-Waxman Victory for Kowa Pharmaceuticals and Nissan Chemical

For Kowa Pharmaceuticals and Nissan Chemical, Mintz sued nine generic drug makers that had filed Abbreviated New Drug Applications (ANDA) with the FDA. The court upheld the validity and infringement of all asserted claims in two patents for the cholesterol drug Livalo®.

Successful Defense via Alice Motion in EDTX

Mintz secured dismissal of an EDTX patent infringement case against NextGen Healthcare Information Systems that targeted NextGen’s Patient Portal program. The appellate court affirmed that patents directed to longstanding methods of organizing human activity are patent-ineligible subject matter.

ITC Issues Exclusion Order To Protect Glycosyn’s Innovation

Mintz helped patent prosecution client Glycosyn defend its exclusive patent rights against the company's largest competitor, a global company selling infringing ingredients used in baby formula.

Practice Areas

International Trade Commission

Federal District Court

Hatch-Waxman / ANDA Litigation

Our Approach

Patent litigation demands a significant investment of your time and capital. We understand this and work with you to develop and execute litigation strategies that align with your business goals. Each case is unique to the client. One client may want to go to the mat. Another may need to clear the board quickly and move on. Mintz gets it. At the outset — before putting a strategy into place — we help each client assess the options.

Know the Technology

Advanced electronics
Software
Pharmaceuticals
Biotechnology
Medical devices

Know the Venue

We litigate in the most active patent venues in the country and take into account venue- and judge-specific issues in all of our representations. In addition to litigating cases in the leading district courts, we are very active protecting patent rights at the International Trade Commission.

Know the Competition

Because we successfully handle cases on behalf of patent owners and accused infringers, we know patent litigation from both sides of the "v." We understand how the other side approaches strategy. And that ability to think like the competition gives us an edge. We also know many of the attorneys who frequent patent litigations — an invaluable advantage when setting a course with a client.

International Comparative Legal Guide Patents 2021

The Mintz Intellectual Property Team authored the USA Chapter in "Patents 2021", International Comparative Legal Guides' annual publication providing cross-border insight into patent law.

Read the Chapter

What Our Clients Are Saying

It is easy to get frustrated with attorneys who only ever present pluses and minuses without taking a position. The folks at Mintz are not like that — they are practical and always willing to provide concrete advice and strategic direction.