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Litigation 

Litigation

Since the day McAndrews was founded more than 25 years ago, intellectual property litigation has been in our blood.  We earned our reputation as an exceptional IP law firm through our success in the courtroom.

Our trial attorneys have degrees in science and engineering from top academic institutions.  Because we understand the underlying technology in each IP dispute, we are masters of distilling complex technology concepts and effectively communicating those concepts to non-technical arbiters—whether judges, juries, arbitrators, or mediators.

The hallmark of our litigation practice is our preparation.  The depth and breadth of our preparation led one U.S. District Court judge to state, “I’ve tried hundreds, maybe thousands, of cases in my life and can honestly say I've never tried a case better prepared or better presented than this case.

Our trial attorneys practice nationally and in some cases across the world, from pre-trial investigations through trial and appeal.  Our passion is to examine witnesses, present opening and closing arguments, and ultimately, present winning arguments that meet our clients’ business objectives.

Our clients appreciate the degree to which we understand their technology and businesses.  This understanding, coupled with our many and varied experiences at trial, allows us to uniquely craft legal strategies that navigate our client to a desired result.  Often, these tactics allow our clients to prevail early without the expense and burden of a full-scale litigation or a trial.

McAndrews is not burdened with mega-firm overhead.  We run efficiently and staff litigation teams leanly.  Our case management, docketing, and e-discovery infrastructure provide tailored service support to advance litigation cost-effectively and efficiently.  In turn, we deliver reliable, phased litigation budgets that allow general counsel and management to plan with reasonable certainty for the necessary litigation budget outlays.

Moreover, having a full grasp of the intricacies of patent and other IP litigation allows us to comfortably offer our clients a varied array of alternative fee structures, from flat-fee arrangements to full and partial contingency and everything in between.

Our firm's primary areas of focus within our Litigation practice area include:

  • Acting as lead trial counsel in all phases of patent litigation through trial, in U.S. district courts and at the International Trade Commission
  • Guiding pharmaceutical companies and manufacturers through Hatch-Waxman litigation
  • Post-grant proceedings in the United States and abroad
  • Briefing and arguing appeals in IP matters before the Federal Circuit and other appellate courts, as well as the U.S. Supreme Court
  • Litigating design rights, trade secrets, unfair competition, trademark and copyright disputes
  • Developing and executing antitrust litigation strategies
  • Crafting biosimilar patent litigation strategies
  • Resolving legal matters through alternative dispute resolution

Some of the litigation successes that we have delivered include:

  • A jury verdict of more than $70 million in a patent infringement suit involving medical devices, as well as an injunction and treble damages following post-trial motions.
  • A jury verdict of non-infringement, patent invalidity and non-misappropriation of trade secrets in a medical device patent case.
  • A 10-year limited exclusion order and cease-and-desist order granted by the ITC and affirmed by the Federal Circuit for misappropriation of trade secrets relating to railway wheels.
  • A $166 million patent damages award, recognized at the time as one of the largest intellectual property damage awards in history.
  • A complete defense victory in a patent infringement suit in which the plaintiff sought damages exceeding $1 billion.