Intellectual Property

Cooley is known for providing comprehensive IP services to clients across a range of industries and at all stages of operation. We represent industry leaders seeking to maintain their market positions, as well as innovative start-ups looking to bring disruptive technologies to market. As a fully integrated, full-service practice, we provide prosecution and counseling services which allow our clients to gain the most value from their IP, and represent our clients in complex infringement suits in which core products and brands, and upwards of billions of dollars, are at stake.

Our litigators are experienced in all types of IP cases including patent, Section 337 investigations, Hatch-Waxman litigation, trademark, copyright, trade secret, trade dress, false advertising, and licensing matters. On the transactional front, we structure sophisticated IP-based transactions and licensing agreements, formulate patent prosecution strategies, assist with trademark selection and clearance, draft online license and click-through agreements, and provide strategic counseling directed towards maximizing the value of IP assets.

Patent Counseling & Prosecution

Cooley's Patent Counseling and Prosecution team consists of 90+ attorneys and patent professionals across the US and UK, majority of whom hold PhDs or advanced degrees in science and/or engineering. The team brings to bear decades of experience drafting, prosecuting, defending and opposing patents at the US Patent and Trademark Office and the European Patent Office. In addition to our on the ground coverage in the US and UK, we have a carefully vetted network of counsel with whom we partner located in key jurisdictions worldwide. The group provides sophisticated patent services including strategic patent counseling; preparing, filing and prosecuting patent applications; developing and executing domestic and international patent procurement and enforcement strategies; evaluating patent portfolios and existing patent and technology licenses; obtaining licenses for needed technology; out-licensing patents and technology; protecting clients' intellectual property interests during product development and joint venture agreements; and analyzing patent issues that support business transactions such as venture financings, IPOs, mergers and acquisitions and licensing transactions.

Trademark, Copyright & Advertising

Cooley's Trademark, Copyright & Advertising practice ranks among the most active and successful practices worldwide. We have one of the largest full-service trademark groups among the AmLaw 50 firms, with 25+ lawyers and a dozen paralegals across the US and UK. As a fully integrated prosecution, counseling and litigation practice, we manage international clearance, registration and policing for some of the largest trademark portfolios and brands in the world. We also aggressively litigate to protect and defend our clients' trademark, copyright and advertising interests in state and federal courts and before administrative agencies such as the PTO's Trademark Trial and Appeal Board. Cooley also has the unique benefit of having a trademark team in our London office. The team handles trademark prosecution, opposition and cancellation matters across the European Union and also manages trademark policing and litigation across the UK. Our international team also has extensive experience managing domain enforcement efforts, as well as counseling clients in the area of licensing and protection of intellectual property rights across the Internet, particularly in the context of social networking platforms.

IP Litigation

Cooley's Intellectual Property Litigation group excels at delivering winning legal strategies in high-stakes intellectual property disputes including patent, Section 337 investigations, Hatch-Waxman litigation, trademark, copyright, trade secret, trade dress, false advertising, and licensing matters. Our clients range from trailblazing start-ups to Fortune 500 companies, all of whom benefit from our unique, business-focused approach to developing litigation strategies tailored to each client's definition of success. We invest the time and resources to develop a value-driven relationship with our clients, one that produces better results, reduces cost, drives increased productivity, and improves the quality of legal services provided. In 2015, we were named a finalist for The American Lawyer's prestigious "IP Litigation Department of the Year" award.

We have experience winning IP cases across all federal courts including US district and appellate courts, the International Trade Commission, and the US Supreme Court. We also represent clients in post-grant proceedings before the Patent Trial and Appeal Board, and have extensive experience leading inter partes review and covered business method review proceedings. In addition, we handle trademark opposition and cancellation proceedings, and re-examination proceedings before the US Patent and Trademark Office, and represent clients in other matters such as domain names and rights of publicity — often in the context of products and services delivered online, where many issues remain unsettled. We also have a team of IP litigators on the ground in London with decades of experience resolving intellectual property and technology disputes in High Court litigation, before the Court of Justice of the European Union and in numerous arbitrations in a broad array of disputes including patent litigation, copyright and online trademark infringement.

Key Facts

  • Fully integrated IP prosecution, counseling and litigation practice
  • 500+ IP cases since 2010
  • 100+ PTAB proceedings in the past two years
  • 100+ domain name recovery proceedings in the past two years
  • 30+ Section 337 ITC investigations
  • 25+ patents invalidated in the past year
  • 1,700+ patents obtained for clients in the past year
  • 1,700+ trademarks registered for clients in the past year
  • 24,000+ patents under our management across 120+ jurisdictions worldwide
  • 22,500+ trademarks under our management across 180+ jurisdictions worldwide

Staffing

  • 110+ IP lawyers with undergraduate degrees in science and engineering
  • 75+ IP lawyers with graduate degrees (PhD, MD and Master's) in science and engineering 
  • 100+ IP litigators and 90+ USPTO registered practitioners

Market Leader

  • Financial Times: Top 5 Most Innovative Law Firms (2015)
  • The American Lawyer: IP Litigation Department of the Year Finalist (2015)
  • The Recorder: IP Litigation Department of the Year (2015)
  • National Law Journal: IP Hot List (2015)
  • Docket Navigator: Top 5 Law Firm for PTAB Proceedings and Top 10 Law Firm for Patent Litigation Defense (2015)
  • Best Lawyers: Tier 1 Patent Litigation and Patent (2015)
  • Chambers USA, UK: Intellectual Property (2015)
  • International Legal Alliance Summit: #1 Trademark Firm in the US (2015)
  • Legal 500 US: Patent Litigation, Patent Prosecution, Trademark Litigation, Trademark Prosecution (2015)
  • Legal 500 UK: Intellectual Property (2015)
  • Managing IP: Top Patent Prosecution Firm (2015); Trademark Prosecution Firm of the Year – West (2014-2015); Trademark Contentious Firm of the Year – West (2014)

Related Practices

PTAB Digest

Cooley provides you with a first-of-its-kind tool that tracks and analyzes key Patent Trial and Appeal Board decisions. Visit PTAB Digest.

Expanding Cooley's National IP Practice

We now count 45+ PhDs among our 50+ life sciences patent professionals. Together, we serve many of the world's most innovative companies. Intelligently. Read here.

Case in Point: High Stakes Victory for Gilead Sciences

Cooley guides Gilead to victory in arbitration initiated by Hoffmann-La Roche over rights to Gilead's blockbuster hepatitis C drug, Sovaldi. Read more.


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