Intellectual Property: Patent Law
O’Melveny thwarts attacks against our clients that threaten industry-leading technology, critical product lines, and blockbuster therapeutics.
O’Melveny thwarts attacks against our clients that threaten industry-leading technology, critical product lines, and blockbuster therapeutics.
O’Melveny helps pioneering technology companies around the world battle against profiteers who want to ride on their coattails. We understand the extraordinary time and money that goes into developing the products and services that set our clients apart, and we work alongside them to protect the full value of that investment. On the offense against infringers, or on the defense against usurpers, we work to protect the fruits of our clients’ innovation.
Drawing on the talents of experienced technologists and seasoned litigators, our patent team offers clients the best of both worlds. We have electrical engineers, microchip engineers, computer scientists, software developers, Ph.D.s in chemistry, an M.D., and even a NASA Exceptional Achievement Medal recipient who developed the deep-space radio system that sent rovers to the surface of Mars. We can talk shop, but also tell stories. Our litigators know that the language of the courtroom is not the lexicon of the lab, and we excel at translating highly complex concepts for non-technical audiences—including judges and juries—in ways that produce stellar outcomes for our clients.
We apply these skills wherever our clients need us, from the USITC to the USPTO to some of the country’s most notorious hotspots for patent litigation. Our lawyers have successfully safeguarded core technology accountable for trillions of dollars in sales for consumer electronics, semiconductor, computer hardware, software, e-commerce, pharmaceutical, biotechnology, medical device, media, and telecommunications clients.
Prevailed at trial and secured a US$39 million jury verdict enforcing a patent covering the eyelash growth drug, Latisse®.
Successfully defended AMD in multiple matters involving semiconductor technology.
Brought four waves of Hatch-Waxman litigation involving AstraZeneca’s breast cancer treatment Faslodex®. Several matters resolved just prior to or during trial. We also defeated seven IPRs, and managed the company’s worldwide patent litigation on the product.
Stepping in just before trial, won a jury verdict for the tech giant in West Texas, defeating patent infringement claims against Google’s popular smart-home Nest Hub devices.
Secured multiple victories protecting Hulu’s core technology for on-demand live streaming.
Scored an important appellate victory for Hyundai Motor America in the Federal Circuit holding that automobile dealers are not agents of their distributors—a decision that will impact plaintiffs seeking to establish venue based on an agency relationship.
Won at trial in Hatch-Waxman patent infringement litigation involving Onyx’s multiple myeloma cancer drug Kyprolis® - all Onyx patent claims found valid and infringed; affirmed on appeal.
Protected Samsung’s best-selling products in a host of patent cases in the ITC, US District Courts across the country, the USPTO, and on appeal.
Secured precedent-setting victories on motions to transfer patent cases out of the Western District of Texas, weakening patent plaintiffs’ ability to handpick their venues and cementing our reputation as a leading force in the area.
O’Melveny “is of world-class quality. It is a top firm for difficult patent litigation and is particularly strong on the defence side, but this experience also makes it powerful when acting for plaintiffs, too.”
—IAM Patent 1000 (2023)
“O’Melveny & Myers LLP’s practice maintains a strong foothold in the main US patent litigation venues, with a focus on hardware to software, augmented reality to streaming video, e-commerce and digital technology to pharmaceuticals, acting on the defense and offense side alike. The group also handles an active Hatch-Waxman and BPCIA caseload.”
—The Legal 500 US (2022)
“Firm of the Year,” Patent Contentious (West)
—Managing IP (2022)
O’Melveny’s “deep bench of patent litigators know exactly when to push and when to give in order to keep costs reasonable. Its practitioners are dedicated to producing high-quality work product in order to achieve the best possible result for clients. The team’s breadth of scientific and legal experience is incredibly impressive.”
—IAM Patent 1000 (2023)