AWARDS. Margot Fröhlinger

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1 AWARDS Celebrating outstanding work in IP Managing IP s annual awards dinners were held in London and Washington, DC in March, and attended by guests from all over the world. The winners of the awards were firms and individuals who have made outstanding contributions to IP work over the past 12 months. The North America awards also recognised the landmark cases of the past year in the US and Canada. Winners of the awards were selected following Managing IP s annual research into the IP market, as well as with reference to publicly available information, client and peer comments. The awards take into account all activity in the past year, including successful cases, notable client wins and innovative approaches to the law. Photos of many of the winners are on the following pages, along with brief explanations of why they were chosen. Congratulations to all the winners, and those shortlisted, on their achievements and the contribution they have made to the development of IP practice. Managing IP does not endorse any of the firms or individuals featured on the following pages. Winners are chosen on an independent and fair basis: no firm can nominate itself for an award, or otherwise seek to influence the decision-making. In addition, special awards for outstanding achievement were presented this year to Margot Fröhlinger (see interview) and Professor Joachim Bornkamm, and the in-house award was presented to Imperial Innovations. For more information see: managingip.com/awards INTERVIEW Margot Fröhlinger Margot Fröhlinger gave a memorable speech on receiving an outstanding achievement trophy at this year s Managing IP Global Awards Dinner in London. Afterwards, she spoke to Alice O Donkor about her role in creating the Unitary Patent and UPC. When she heard that she had been selected as the recipient of one of Managing IP s outstanding achievement awards, Margot Fröhlinger s first thought was: Do I really deserve this? She pondered for about 30 seconds, she says, before thinking: Probably, yes! though she modestly adds: I don t deserve it as an individual, but as a representative of a whole group of people who have been working very hard to bring this project to life. Fröhlinger was chosen for the award due to her many years of work at the European Commission and now at the EPO, where she is principal director patent law and multilateral affairs. I have been working on the Unitary Patent since I would describe the experience as saying that it was an enormous challenge. It was sometimes very hard but it was also a great, great experience because of the people I had the chance to meet and to work with, she told Managing IP. I had my colleagues formerly in the European Commission and now my colleagues in the European Patent Office but most of all, I had to work with a broad variety of different people from the outside world. These were prominent patent judges and lawyers as well as patent professionals and industry representatives. It was a whole community developing around this project. People who were extremely dedicated, extremely committed to spend part of their leisure time, even weekends, contributing to this project and that was a great experience. Despite many obstacles along the way, this work culminated in a 2013 agreement between most EU member states to set up a Unitary Patent and Unified Patent Court. The agreement ended decades of deadlock since a single EU patent system was first proposed. It is now expected to come into effect early next year. We had to be extremely creative to overcome all types of legal and political difficulties and to find solutions to seemingly unsurmountable problems. That is something that was hard at times, but also very enjoyable, said Fröhlinger. She also paid tribute to the enthusiasm and commitment to a European project at a time when, in many people s eyes, the EU does not seem to be moving forward. One lesson she learned, she said, was not to dwell on difficulties: You should just think of getting things done and that is amazing what you can do if you are not looking for credit if you are just trying to get things done. Since leaving the European Commission, Fröhlinger has been working at the EPO helping to set up the procedures for the Unitary Patent, and assisting the UPC Preparatory Committee. There is still much work to do before it is ready, she says: The Unitary Patent is ready; we are trying very hard to help to bring the Unified Patent Court to life. 48 M A N A G I N G I P. C O M M A 2 1

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3 AWARDS GLOBAL ARGENTINA MARVAL O FARRELL & MAIRAL A frequent winner of the firm of the year award for Argentina, Marval O Farrell & Mairal last year represented Honda in a trade mark case that resulted in the removal of an infringing motorcycle from the market. G Breuer Marval O Farrell & Mairal Mitrani Caballero Ojam & Ruiz Moreno Richelet & Richelet AUSTRALIA CONTENTIOUS WORK AUSTRALIA PROSECUTION DAVIES COLLISON CAVE With a history going back 130 years, Davies Collison Cave is Australia s leading filer of patent and trade mark applications. It handles patent procurement programmes for companies such as Pfizer, Microsoft and Novartis and has advised DuluxGroup, CSL and Facebook on trade mark matters. Davies Collison Cave FB Rice Fisher Adams Kelly Callinans Shelston IP Spruson & Ferguson HERBERT SMITH FREEHILLS Herbert Smith Freehills acted for Apotex in the landmark Federal Court case against AstraZeneca concerning a blockbuster cholesterol drug. The firm also represented ACPA and Anchorage Capital Group in a trade mark dispute in the Federal Court. Allens Ashust Corrs Chambers Westgarth Herbert Smith Freehills Minter Ellison 50 M A N A G I N G I P. C O M M A 2 1 AUSTRIA SCHWARZ SCHÖNHERR RECHTSANWÄLTE Schwarz Schönherr Rechtsanwälte is active in court, representing Sandoz in a major case against GSK and acting for Fashion One and Fashion Television in infringement proceedings against Fashion TV in what some describe as a landmark battle in the Austrian fashion industry. Schoenherr Schwarz Schönherr Rechtsanwälte Sonn & Partner Wiltschek Rechtsanwälte BENELUX TRADE MARK PROSECUTION NLO SHIELDMARK NLO Shieldmark has rapidly gained recognition for handling innovative trade mark and design cases for clients with particular strengths in life sciences, biotechnology, electronics and ICT. Chiever Dennemeyer Gevers NLO Shieldmark Novagraaf NautaDutilh

4 AWARDS GLOBAL BELGIUM CONTENTIOUS WORK HOYNG ROKH MONEGIER Recently merged firm Hoyng Rokh Monegier acted in a number of cases for AstraZeneca against generic rivals, including to protect the market for the blockbuster drug Crestor. Altius Bird & Bird Crowell & Moring Hoyng Rokh Monegier NautaDutilh BRAZIL DANNEMANN SIEMSEN BIGLER & IPANEMA MOREIRA Repeat winner Dannemann Siemsen Bigler & Ipanema Moreira represented Monsanto in highprofile disputes relating to GM soybeans for the past decade. Bhering Advogados Dannemann Siemsen Bigler & Ipanema Moreira Guerra IP Gusmão & Labrunie Kasznar Leonardos Montaury Pimenta Machado & Vieira de Mello CHILE SARGENT & KRAHN Sargent & Krahn succeeded in overturning the decision of the Patent Office to reject its client s Swiss-type claims on grounds of inventive step. It also acted for The Scotch Whisky Association to oppose a trade mark application for Sir William Wallace. Albagli Zaliasnik Alessandri & Compañia Carey Sargent & Krahn Silva & Cía CHINA PROSECUTION LIU SHEN & ASSOCIATES Liu Shen & Associates filed more than 1,000 patent applications in Clients include Apple, Dyson, France Telecom and Sony. CCPIT Patent and Trademark Law Office Chang Tsi & Partners China Patent Agent (HK) Liu Shen & Associates Unitalen Attorneys at Law M A N A G I N G I P. C O M M A

5 AWARDS GLOBAL CHINA CONTENTIOUS WORK KING & WOOD MALLESONS King & Wood Mallesons acts for clients including Siemens, Google, Nikon, and Salvatore Ferragamo. It recently achieved a favourable result for Guangzhou Pharmaceutical Holdings in a complex, and at-times dramatic, case resulting in the highest court-granted damage award to date for trade dress infringement. Fangda Partners King & Wood Mallesons Unitalen Attorneys at Law WAN HUI DA Law Firm & Intellectual Property Agency Zhong Lun Law Firm CHINA FOREIGN LAW FIRM ORRICK HERRINGTON & SUTCLIFFE Having expanded its practice significantly in 2015, adding two experienced practitioners, Orrick Herrington & Sutcliffe advised Sinopec and related entities in dismissing in a complex and highly valued patent case brought by a Hong Kong businessman in the US. Allen & Overy Bird & Bird Hogan Lovells Orrick Herrington & Sutcliffe Rouse CHINA IP TRANSACTIONAL WORK ROPES & GRAY Ropes & Gray specialises in advising on deals and represented Innovent Biologics, a leading biopharmaceuticals company, on several large-scale licensing and collaboration agreements with Eli Lilly. Baker & McKenzie Global Law Office Jones Day King & Wood Mallesons Ropes & Gray COLOMBIA BRIGARD & CASTRO Brigard & Castro is a leading firm in the country and represents clients such as Google, FIFA and major pharmaceutical companies. Baker & McKenzie Brigard & Castro Cavelier Abogados OlarteMoure DENMARK PLESNER Plesner last year obtained several injunctions on behalf of its clients and has grown its trade mark prosecution practice over the past three years. The firm was involved in a high-profile TV format rights dispute, and a test case on whether trade mark owners should pay compensation to parallel importers for product samples. Bech-Bruun Guardian IP Consulting Horten Inspicos Plesner Zacco FINLAND ROSCHIER Roschier advises Nokia on IP matters, including on its recent merger with Alcatel-Lucent estimated to be worth more than 15 billion. This top-tier firm is also advising Deutsche Telekom in an infringement dispute over a colour trade mark. Berggren Borenius Eversheds Papula-Nevinpat Roschier Seppo Laine FRANCE PROSECUTION REGIMBEAU A new winner in 2016, Regimbeau continues to be active in the training of patent attorneys. It recently established an IP academy, and assisted Ethypharm to revoke a Swiss-type claim over a nanoparticles invention. Cabinet Beau de Loménie Cabinet Plasseraud Germain & Maureau Lavoix Regimbeau Santarelli 52 M A N A G I N G I P. C O M M A 2 1

6 AWARDS GLOBAL FRANCE CONTENTIOUS WORK AUGUST & DEBOUZY August & Debouzy represents companies such as Ericsson, Teva, Peugeot and Microsoft in IP matters. The firm is advising the National Centre for Scientific Research on a dispute over ownership rights and exploitation of employee inventions. August & Debouzy Casalonga Cousin & Associés Duclos Thorne Mollet-Viéville & Associés Gide Loyrette Nouel Véron & Associés GERMANY PROSECUTION HOFFMANN EITLE Hoffmann Eitle has a wide and growing range of clients. It manages an increasing number of international design applications and recently defended trade marks for clothing brand Geox. Bardehle Pagenberg Boehmert & Boehmert Grünecker Hoffmann Eitle Jonas Rechtsanwaltsgesellschaft Vossius & Partner GERMANY CONTENTIOUS WORK HOGAN LOVELLS Hogan Lovells acted for German research university TU Darmstadt in a landmark case which resulted in a ground-breaking ruling from the CJEU on the use and application of digital content on electronic terminals in public libraries. Bird & Bird Hogan Lovells Hoyng Rokh Monegier Lubberger Lehment Quinn Emanuel Urquhart & Sullivan Wildanger HONG KONG DEACONS One of the oldest and largest law firms with a strong practice in both filing and litigation, Deacons recently acted in two trade mark cases Tsit Wing v TWG Tea and Ping An of China Securities v a Hong Kong securities company. Baker & McKenzie Bird & Bird Deacons Hogan Lovells HUNGARY DANUBIA Danubia is representing ZTE in an infringement dispute relating to a standard-essential patent and the oil company MOL Group in an infringement action. In trade marks, it is advising companies such as Sanofi and ExxonMobil. Danubia Gödölle Kékes Mészáros & Szabó Sár & Partners SBGK Szecskay Attorneys at Law INDIA PROSECUTION REMFRY & SAGAR Remfry & Sagar is often seen before the IP Appeal Board, representing companies such as Pfizer and Janssen Pharmaceutical. Anand & Anand K & S Partners Remfry & Sagar R K Dewan & Co INDIA CONTENTIOUS WORK ANAND & ANAND Anand & Anand acted for Merck in the Supreme Court in the landmark pharmaceutical patent case in which the first permanent injunction was granted under the Indian Patents Act. The firm also advises the government of India on IP issues in its ambitious Digital India campaign. Anand & Anand Remfry & Sagar Saikrishna & Associates Singh & Singh Lall & Sethi M A N A G I N G I P. C O M M A

7 AWARDS GLOBAL INDONESIA SKC LAW SKC Law is advising Diageo on its brand assurance campaign to tackle counterfeit goods. It has also supported a methanol awareness charity and the introduction of regulatory changes to the distribution of alcohol in Indonesia. AMR Partnership Hadiputranto Hadinoto & Partners K&K Advocates Rouse (in association with Suryomurcito & Co) SKC Law IRELAND A&L GOODBODY A&L Goodbody represented Baxter in a patent infringement action relating to a dialysis treatment product. It is also advising Actavis against Boehringer Ingelheim, and the Bank of Ireland regarding its digital banking platform. A&L Goodbody FRKelly Matheson Tomkins William Fry ITALY PROSECUTION SOCIETÀ ITALIANA BREVETTI Patent and trade mark prosecution specialist Società Italiana Brevetti used inventive arguments to protect the patent of client Herbal & Antioxidant Derivatives in a significant recent case. Buzzi Notaro & Antonelli d Oulx Jacobacci & Partners Società Italiana Brevetti Studio Torta Zanoli & Giavarini ITALY CONTENTIOUS WORK TREVISAN & CUONZO Trevisan & Cuonzo is noted for its technical proficiency in IP litigation and broad experience, acting for clients such as Google, Novartis and 20th Century Fox. Last July, the firm gained a positive outcome for Unilever Italia in a patent and unfair competition case before the Court of Turin. Bird & Bird Hogan Lovells IP Galli Studio Legale Sena e Tarchini Trevisan & Cuonzo JAPAN PROSECUTION NAKAMURA & PARTNERS Nakamura & Partners has a stellar reputation built up over 100 years. This top-tier firm has one of the largest teams of patent attorneys and lawyers in the country. Nakamura & Partners Shiga International Patent Office TMI Associates uasa and Hara 54 M A N A G I N G I P. C O M M A 2 1

8 AWARDS GLOBAL JAPAN CONTENTIOUS WORK TMI ASSOCIATES Known for acting for major multinational patent owners, TMI Associates represented Nihon EVE in a patent infringement dispute over emulation systems used by major semiconductor and electronic systems companies worldwide. Abe Ikubo & Katayama Kubota Nakamura & Partners TMI Associates uasa and Hara JAPAN FOREIGN FIRM HOGAN LOVELLS Hogan Lovells has an experienced IP team whose strength lies in cross-border matters. It represents Japanese companies such as Nissan and Uniqlo, and foreign companies such as PepsiCo in trade mark matters. On the patent side, the firm is advising Merck in six disputes. Baker & McKenzie Finnegan Henderson Farabow Garrett & Dunner Hogan Lovells Morrison & Foerster MALAYSIA SKRINE This year s winning firm Skrine is advising Vringo in a patent dispute against ZTE, which is said to be the first SEP case in Malaysia. Shearn Delamore & Co Skrine Wong & Partners Wong Jin Nee & Teo Zaid Ibrahim & Co MEXICO COPYRIGHT OLIVARES Olivares has received international attention for its representation of Dish in litigation that led to an amendment to the Mexican Constitution s telecommunications regulations. Jalife Caballero & Asociados Olivares Uhthoff Gómez Vega & Uhthoff MEXICO PATENT BASHAM RINGE Y CORREA Basham Ringe y Correa is a century-old full-service firm that tackles high-profile patent litigation with its team of 30 IP specialists in three offices. It is acting in cases that involve issues to do with human rights, constitutional and competition law. Basham Ringe y Correa Dumont Bergman Bider Müggenburg Gorches y Peñalosa Olivares Uhthoff Gómez Vega & Uhthoff MEXICO TRADE MARK OLIVARES The development of an innovative search engine to assist pharmaceutical companies in determining whether a proposed drug name is likely to be approved by the regulator, considerably lowering the risk of product launches, secured this award for Olivares Arochi & Lindner Basham Ringe y Correa Goodrich Riquelme y Asociados Müggenburg Gorches y Peñalosa Olivares Uhthoff Gómez Vega & Uhthoff THE NETHERLANDS PATENT PROSECUTION V.O. V.O. acts in oppositions and appeals for the likes of Heineken and Douwe Egberts. It represented Novartis in a pharmaceutical patent dispute over a drug used for the treatment of osteoporosis. AOMB NLO Patentwerk V.O. THE NETHERLANDS CONTENTIOUS WORK BRINKHOF IP litigation specialist Brinkhof defended Johnson & Johnson against Abbott in a series of patent infringement actions. Other clients include Sandoz and Cargill. Brinkhof De Brauw Blackstone Westbroek De Vries & Metman Hoyng Rokh Monegier Simmons & Simmons M A N A G I N G I P. C O M M A

9 AWARDS GLOBAL NEW ZEALAND AJ PARK AJ Park represents a variety of clients from Fortune 500 companies to local government on IP matters. Last year it advised on IP issues relating to New Zealand s national flag. AJ Park Baldwins Intellectual Property Henry Hughes Patent and Trademark Attorneys James & Wells Simpson Grierson NORWAY BRYN AARFLOT Bryn Aarflot represented Fischer and Finor in their successful defence of a patent infringement action brought by Active Brands, which addressed the doctrine of equivalents. The firm is also advising Weltevree Experience in a product imitation and copyright infringement action relating to hot tubs. BA-HR Bryn Aarflot Grette Onsagers Thommessen Wikborg Rein PERU BARREDA MOLLER The stand-out IP firm in the country, Barreda Moller has in the past year scored notable trade mark successes against confusingly similar marks for the NBA and the International Olympic Committee. Allende & Garcia Abogados Barreda Moller Estudio Colmenares & Asociados Rodrigo Elías & Medrano Abogados THE PHILIPPINES SYCIP SALAZAR HERNANDEZ & GATMAITAN One of the country s largest law firms, SyCip Salazar Hernandez & Gatmaitan handles patent and trade mark matters for clients including Colgate-Palmolive, F Hoffman-La Roche, Sumitomo and Sony. ACCRALAW Esguerra & Blanco Law Offices Romulo Mabanta Buenaventura Sayoc & de los Angeles SyCip Salazar Hernandez & Gatmaitan POLAND POLSERVICE Polservice last year assisted the Polish Customs and the Police in anti-counterfeiting raids on several bazaars, followed by the successful prosecution of the infringers for a number of luxury and sport clothing manufacturers. Patpol Polservice Sołtysiński Kawecki & Szlęzak Sulima Grabowska Sierzputowska Wardyński & Partners ROMANIA NESTOR NESTOR DICULESCU KINGSTON PETERSEN NNDKP advised Sky in protecting its rights over two of its trade marks. It is representing Pilkington in a registered design infringement action, and Dr Reddy s in a patent infringement claim brought by Novartis. Cabinet Enpora Cabinet M Oproiu Nestor Nestor Diculescu Kingston Petersen Ratza & ratza Razvan Dinca & Asociatii Rominvent RUSSIA GOWLING WLG Gowling WLG represents various multinational companies from pharmaceutical to the food and beverage sector in both prosecution and contentious matters. The firm helped Jaguar Land Rover enforce its trade mark against two companies. ARS-Patent Baker & McKenzie Gorodissky & Partners Gowling WLG Hogan Lovells Sojuzpatent SCOTLAND BRODIES Brodies was involved in a prominent pharmaceutical patent case last year, and assisted a company settle an SPC dispute. Brodies Burness Paull HGF Lincoln IP Marks & Clerk 56 M A N A G I N G I P. C O M M A 2 1

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11 AWARDS GLOBAL SINGAPORE PROSECUTION MARKS & CLERK Marks & Clerk has a growing office in Singapore. It has been managing an international patent filing programme for a multinational financial technology company and its lawyers also act as expert witnesses throughout the region. Amica Law Bird & Bird ATMD Marks & Clerk Spruson & Ferguson VJ & Partner SINGAPORE CONTENTIOUS WORK DREW & NAPIER Drew & Napier is advising Sentosa Development Corporation on some complex issues surrounding the registration of the Sentosa trade mark Allen & Gledhill Bird & Bird ATMD Drew & Napier Lee & Lee Raja & Tann SOUTH AFRICA SPOOR & FISHER Continuing to win new IP portfolios, Spoor & Fisher is active in the training and development of the IP community in South Africa, and its CSR initiative sees it supporting organisations such as Afrika Tikkun and edeaf. Adams & Adams Bouwers Kisch IP Spoor & Fisher Von Seidels SOUTH KOREA PROSECUTION KIM & CHANG The country s biggest firm, Kim & Chang has a large and distinguished IP team including former judges, IP Office examiners and in-house counsel. FirstLaw P.C. Kim & Chang Lee International IP & Law Group ou Me Patent & Law Firm P Lee Mock & Partners 58 M A N A G I N G I P. C O M M A 2 1

12 AWARDS GLOBAL SOUTH KOREA CONTENTIOUS WORK KIM & CHANG Kim & Chang assisted Bristol Myers Squibb enforce a patent for its top selling drug in the country. In trade marks, it represented Hermes in an unfair competition case, and handled Google s G mark registration. Bae Kim & Lee Kim & Chang Lee & Ko Shin & Kim oon & ang ulchon SPAIN PROSECUTION ELZABURU Elzaburu has one of the largest patent and trade mark prosecution practices in the country. Last year it celebrated its 150th anniversary, and obtained a High Court judgment on behalf of The Royal Literary Fund against a Spanish publisher. ABG Patentes Balder IP Curell Suñol Elzaburu Herrero & Asociados SPAIN CONTENTIOUS WORK CLIFFORD CHANCE The stand-out firm for litigation, particularly in pharmaceutical cases, Clifford Chance also represented Saint-Gobain in a trade mark dispute before the CJEU. Baker & McKenzie Bird & Bird Clifford Chance Gómez-Acebo Pombo Grau & Angulo SWEDEN GROTH & CO Groth & Co is advising Crane in its appeal to the Supreme Court in a patent infringement dispute over a banknote technology, which should clarify inventive step in Sweden. It also advised NetOnNet on its IP assets in preparation for a planned listing on the Stock Exchange. Awapatent Groth & Co Lindahl Sandart & Partners Valea Vinge M A N A G I N G I P. C O M M A

13 AWARDS GLOBAL SWITZERLAND HOMBURGER Recognised for its IP contentious work, Homburger defended Nestlé and Nespresso in a patent infringement lawsuit before the Swiss Federal Patent Court, and has also enforced trade marks for banking and financial brand Rothschild. Fuhrer Marbach & Partner Homburger Isler & Pedrazzini Lenz & Staehelin Troller Hitz Troller TAIWAN LEE AND LI Lee and Li represents Qualcomm, Toshiba, Nike, and Gap. In one case in the past year, the firm successfully secured a patent right for Nike in a crucial dispute spanning Taiwan and the PRC. It also assists the government in promulgating and amending patent-related laws and regulations. Formosa Transnational Lee and Li Saint Island International Patent & Law Offices TIPLO Tsai Lee & Chen THAILAND BAKER & MCKENZIE Baker & McKenzie s Bangkok office provides an integrated service spanning IP prosecution, portfolio management and enforcement, as well as a dedicated media and entertainment practice. Its lawyers have also been involved in establishing the firm s new IP practice in Myanmar. Baker & McKenzie Domnern Somgiat & Boonma Satyapon & Partners Tilleke & Gibbins TURKEY GÜN + PARTNERS Gün + Partners is well-respected for its offerings in litigation and prosecution across all areas of IP and diverse industries. Notable clients in the pharmaceutical industry include Novartis and AstraZeneca. Cahit Suluk Intellectual Property Law Firm Deriş Attorneys at Law Gün + Partners Istanbul Patent Kenaroğlu Stock Industrial Property Services UNITED ARAB EMIRATES CLYDE & CO Clyde & Co acts in complex patent matters, and recently assisted a soft drinks company defend its trade mark rights against a major competitor. Outside IP work, it is championing pro bono and community volunteering activities in the UAE and across its offices in the Middle East. Abu-Ghazaleh Intellectual Property Al Tamimi & Co Clyde & Co Rouse Saba Intellectual Property UNITED KINGDOM PATENT PROSECUTION ABEL & IMRAY Abel & Imray acted in a landmark case for Seattle Genetics in which the CJEU clarified the relevant date to be used in calculating the term of a supplementary protection certificate. This decision is expected to harmonise SPC practice across EU member states, and provide applicants with a longer exclusivity period. Abel & Imray Appleyard Lees Boult Wade Tennant Carpmaels & Ransford Dehns Kilburn & Strode 60 M A N A G I N G I P. C O M M A 2 1

14 AWARDS GLOBAL UNITED KINGDOM PATENT CONTENTIOUS WORK POWELL GILBERT Powell Gilbert represents Actavis, Huawei and Kymab in high-profile patent cases. Allen & Overy Bird & Bird Bristows EIP Legal Marks & Clerk Solicitors Powell Gilbert Simmons & Simmons Taylor Wessing UNITED KINGDOM TRADE MARK PROSECUTION STOBBS IP Stobbs IP is a rapidly expanding firm which is regularly seen in contentious proceedings at the UK IP Office. The firm is advising Origin Wine and Dolce in a trade mark opposition which is going to the Court of Appeal. Baker & McKenzie J A Kemp Marks & Clerk Potter Clarkson Stobbs IP Withers & Rogers M A N A G I N G I P. C O M M A

15 AWARDS GLOBAL UNITED KINGDOM TRADE MARK CONTENTIOUS WORK BIRD & BIRD Bird & Bird handles a wide range of brand-related matters. It represented Merck KGaA in a unique trade mark infringement and contractual dispute concerning a co-existence agreement which pre-dated the Rome Convention. Bird & Bird Bristows CMS Cameron McKenna Dechert Gowling WLG King & Wood Mallesons UNITED KINGDOM COPYRIGHT OLSWANG Olswang represented three music industry associations in their challenge against the Regulation introducing a private copying exception in the UK. The firm is acting in the ITV versus TVCatchup dispute which the Court of Appeal has referred back to the CJEU. Harbottle & Lewis Lewis Silkin Olswang Reed Smith Wiggin UNITED KINGDOM IP SET 8 NEW SQUARE Members of 8 New Square have appeared in most of the complex, high-profile IP cases in the past year. These include Unwired Planet versus Huawei, Smith & Nephew versus Convatec Technologies and Actavis versus Lilly in patents, and the trade mark dispute between ASOS and ASSOS. Two of its barristers were appointed Queen s Counsel in New Square 11 South Square Hogarth Chambers Three New Square VIETNAM TILLEKE & GIBBINS Tilleke & Gibbins has a large-scale filing practice sitting alongside a strong enforcement offering. It represents some of the world s largest pharmaceutical companies, and has helped four of them win their patent infringement cases in the past 18 months. Baker & McKenzie Pham & Associates Tilleke & Gibbins Vision & Associates AFRICA ADAMS & ADAMS Adams & Adams services clients across Sub-Saharan Africa through its associated offices and is planning to expand into North Africa. It represents Trustco Group in its appeal to the Supreme Court in a case which could change the way the South Africa Registrar of Patents deals with restoration of lapsed patents. Abu-Ghazaleh Intellectual Property Adams & Adams ENSafrica Saba Intellectual Property Spoor & Fisher ASIA-PACIFIC KING & WOOD MALLESONS King & Wood Mallesons has a solid presence throughout the Asian region, with offices in all the major IP hubs. It acts in landmark cross-border deals and disputes in Asia, such as AstraZeneca v Teva and Guangzhou Pharmaceutical v Jia Duo Bao. Baker & McKenzie Hogan Lovells King & Wood Mallesons Jones Day Rouse 62 M A N A G I N G I P. C O M M A 2 1

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17 AWARDS GLOBAL LATIN AMERICA FIRM TO WATCH KASZNAR LEONARDOS Kasznar Leonardos opened its doors in 2012 and has quickly risen to the top of the Brazilian IP market with three offices, 14 partners and a client base largely comprised of multinational companies. Albagli Zaliasnik (Chile) Calderón & De La Sierra (Mexico) Kasznar Leonardos (Brazil) Soerensen Garcia (Brazil) MIDDLE EAST SABA INTELLECTUAL PROPERTY Saba Intellectual Property has 14 offices across the region from which it offers a one-stop shop IP service to local and international clients. The firm handles contentious and noncontentious IP matters for clients such as Tommy Hilfiger, Procter & Gamble, Philips, Abbott Medical Optics and BMW Group. Abu-Ghazaleh Intellectual Property Al Tamimi & Co Cedar White Bradley Clyde & Co Saba Intellectual Property SMAS-IP SCANDINAVIA ZACCO The winner of this new category, Zacco, has 20 offices across Denmark, Norway and Sweden. Competitors attest that the firm is regaining its shine after undergoing a large-scale, successful restructuring programme two years ago. Awapatent Groth & Co Njord Roschier Zacco EUROPE COPYRIGHT BAKER & MCKENZIE Baker & McKenzie has offices throughout the region and is known for its anti-counterfeiting and new media work. The firm can be seen taking complex cases through the courts, including right up to the CJEU. Baker & McKenzie Bird & Bird Crowell & Moring Taylor Wessing Wiggin 64 M A N A G I N G I P. C O M M A 2 1

18 AWARDS GLOBAL EUROPE PATENT HOYNG ROKH MONEGIER Hoyng Rokh Monegier is a new entity that arose last year from the merger of two leading firms in the Netherlands/France and Germany. The firm has leading practices in other countries. Bird & Bird Gowling WLG Hogan Lovells Hoyng Rokh Monegier Simmons & Simmons Taylor Wessing EUROPE TRADE MARK TAYLOR WESSING With notable practices in the UK and Germany, among other countries, Taylor Wessing offers an integrated prosecution and enforcement practice, and particularly known for its work in the luxury goods sector. The firm also runs popular trade mark-related seminars and published a wellregarded IP Index, ranking protection around the world. Baker & McKenzie Bird & Bird Hoyng Rokh Monegier Simmons & Simmons Taylor Wessing of the Unitary Patent and assisting the UPC Preparatory Committee. COUNTRY TEAM OF THE YEAR IMPERIAL INNOVATIONS Imperial Innovations is responsible for commercialising technology from some of the UK s leading universities and medical institutes in areas such as therapeutics, medtech, engineering and materials and ICT. What was once the technology licensing arm of Imperial College is now a 600 million listed company, with investments in nearly 100 companies and an 18-strong tech transfer, licensing and IP team. GLOBAL FIRM OF THE YEAR FINNEGAN HENDERSON FARABOW GARRETT & DUNNER US-based firm Finnegan is consistently recognised as one of the leaders in its home market. Since the 1980s, it has also expanded overseas and has offices in Asia including Shanghai and Tokyo. In Europe, it recently relocated its office from Brussels to London and has been expanding with new hires. Baker & McKenzie Finnegan Hogan Lovells Jones Day Quinn Emanuel SPECIAL RECOGNITION OUTSTANDING ACHIEVEMENT MARGOT FRÖHLINGER A German-qualified lawyer, Margot Fröhlinger was for several years a judge in Germany before moving to the European Commission in For five years, from 2007 to 2012, she was the director in charge of IP-related issues. During this time, she won considerable acclaim from users and policymakers for her work on numerous projects most notably, for the development of the Unitary Patent and UPC, despite many challenges. She now works at the EPO, where her responsibilities include the implementation. SPECIAL RECOGNITION OUTSTANDING ACHIEVEMENT PROFESSOR JOACHIM BORNKAMM Professor Joachim Bornkamm had a distinguished career as a judge in Germany, including at the Higher Regional Court of Karlsruhe, and the Federal High Court, where he was chief judge. He has also for many years been a lecturer in competition and IP law at the University of Freiburg, and has written numerous books on trade mark, unfair competition and copyright law, on which subjects he is one of the foremost experts in Europe. M A N A G I N G I P. C O M M A

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20 US REGIONAL AWARDS AWARDS NORTH AMERICA COPYRIGHT EAST JENNER & BLOCK Jenner & Block secured a victory for Jay Z in an eight-year case over the use of a sample from a 1957 Egyptian song in Big Pimpin. Arnold & Porter Cowan Liebowitz & Latman Debevoise & Plimpton Fross Zelnick Lehrman & Zissu Jenner & Block Kirkland & Ellis Orrick Herrington & Sutcliffe Weil Gotshal & Manges Winston & Strawn COPYRIGHT WEST DURIE TANGRI Durie Tangri has defended Google and its subsidiaries in complex copyright litigations throughout the US court system. Durie Tangri Fenwick & West Kilpatrick Townsend & Stockton King & Spalding Mitchell Silberberg & Knupp Orrick Herrington & Sutcliffe Sheppard Mullin PATENT CONTENTIOUS MIDWEST BROOKS KUSHMAN Brooks Kushman successfully defended IEE companies in a suit relating to occupant sensors. Brooks Kushman Erise IP Husch Blackwell Jenner & Block Jones Day Kirkland & Ellis Sidley Austin Winston & Strawn US REGIONAL AWARDS PATENT CONTENTIOUS NORTHEAST WILMERHALE WilmerHale represented Apple throughout its dispute with Samsung. Covington & Burling Desmarais Finnegan Henderson Farabow Garrett & Dunner Fish & Richardson Fitzpatrick Cella Harper & Scinto Kirkland & Ellis Paul Hastings Ropes & Gray Williams & Connolly WilmerHale PATENT CONTENTIOUS SOUTH MCKOOL SMITH McKool Smith has obtained eight nine-figure patent infringement verdicts in the past eight years. Alston & Bird Baker Botts Fish & Richardson Kilpatrick Townsend & Stockton McKool Smith Norton Rose Fulbright Susman Godfrey Vinson & Elkins PATENT CONTENTIOUS WEST QUINN EMANUEL URQUHART & SULLIVAN Quinn Emanuel last year won a favourable settlement on behalf of Google, Samsung, Motorola and HTC against Rockstar. Cooley Durie Tangri Fish & Richardson Irell & Manella Knobbe Martens Latham & Watkins Morrison & Foerster Orrick Herrington & Sutcliffe Quinn Emanuel Urquhart & Sullivan PATENT PROSECUTION MIDWEST MARSHALL GERSTEIN & BORUN Ninety percent of the nearly 100 attorneys at Marshall Gerstein & Borun have science or engineering degrees. Banner & Witcoff Brinks Gilson & Lione Harness Dickey & Pierce Leydig Voit & Mayer Marshall Gerstein & Borun McDermott Will & Emery Merchant & Gould Schwegman Lundberg & Woessner M A N A G I N G I P. C O M M A Y

21 AWARDS NORTH AMERICA US REGIONAL AWARDS PATENT PROSECUTION NORTHEAST OBLON MCCLELLAND MAIER & NEUSTADT Oblon once again led the pack of USPTO filers in 2015, obtaining more than 6,000 patents on behalf of clients. Birch Stewart Kolasch & Birch Bookoff McAndrews Finnegan Henderson Farabow Garrett & Dunner Fish & Richardson Fitzpatrick Cella Harper & Scinto Foley & Lardner Oblon McClelland Maier & Neustadt Sterne Kessler Goldstein & Fox Sughrue Mion PATENT PROSECUTION SOUTH HAYNES & BOONE Haynes & Boone counts innovative companies like PayPal, Haliburton, and Taiwan Semiconductor Manufacturing Company among its clientele. Andrews Kurth Baker Botts Bracewell & Giuliani Conley Rose Haynes & Boone Kilpatrick Townsend & Stockton Norton Rose Fulbright US REGIONAL AWARDS PATENT PROSECUTION WEST KNOBBE MARTENS Knobbe Martens is a patent prosecution powerhouse with offices positioned well to serve high-tech clients throughout California s Golden Triangle. Blakely Sokoloff Taylor & Zafman Fenwick & West Fish & Richardson Knobbe Martens McDermott Will & Emery Novak Druce Connolly Bove + Quigg Perkins Coie TRADEMARK CONTENTIOUS MIDWEST KATTEN MUCHIN ROSENMAN Katten is home to one of the most well-respected fashion law teams in the country, with Calvin Klein, Kenneth Cole, and Donna Karan among its clients. Banner & Witcoff Barnes & Thornburg Brinks Gilson & Lione Jones Day Katten Muchin Rosenman Pattishall McAuliffe Newbury Hilliard & Geraldson TRADEMARK CONTENTIOUS NORTHEAST KELLY IP Kelly IP last year secured an important fame-finding for client AstraZeneca s hugely popular purple pill, Nexium. Debevoise & Plimpton Finnegan Henderson Farabow Garrett & Dunner Fross Zelnick Lehrman & Zissu Kelly IP Kenyon & Kenyon Kilpatrick Townsend & Stockton Kirkland & Ellis TRADEMARK CONTENTIOUS SOUTH PIRKEY BARBER Pirkey Barber in 2015 successfully defended Whole Foods federally registered trademark against assertions of infringement. Haynes & Boone Kilpatrick Townsend & Stockton King & Spalding Norton Rose Fulbright Pirkey Barber Smith Gambrell & Russell TRADEMARK CONTENTIOUS WEST SHEPPARD MULLIN Sheppard Mullin made trademark litigation headlines in 2015 by securing a Supreme Court victory for Hana Bank, in a case concerning the doctrine of trademark tacking. Cooley Fenwick & West Holland & Hart K&L Gates Knobbe Martens Perkins Coie Sheppard Mullin TRADEMARK PROSECUTION MIDWEST PATTISHALL MCAULIFFE NEWBURY HILLIARD & GERALDSON Pattishall is a Chicago-based firm focused on providing brand protection to its clients in the US and abroad. Brinks Gilson & Lione Brooks Kushman Dorsey & Whitney Leydig Voit & Mayer McDermott Will & Emery Norton Rose Fulbright Pattishall McAuliffe Newbury Hilliard & Geraldson 68 M A N A G I N G I P. C O M M A Y

22 US REGIONAL AWARDS AWARDS NORTH AMERICA TRADEMARK PROSECUTION NORTHEAST FROSS ZELNICK LEHRMAN & ZISSU Fross Zelnick routinely ranks among the top trademark filers in the US, handing portfolios of brands such as Tiffany & Co, DC Comics and Michael Kors. Arent Fox Buchanan Ingersoll & Rooney Cowan Liebowitz & Latman Finnegan Henderson Farabow Garrett & Dunner Fross Zelnick Lehrman & Zissu Kelly IP Kilpatrick Townsend & Stockton TRADEMARK PROSECUTION SOUTH KILPATRICK TOWNSEND & STOCKTON Kilpatrick Townsend numbers among the five largest IP practice groups in the US, with more than 300 attorneys. Bracewell & Giuliani Haynes & Boone Kilpatrick Townsend & Stockton Norton Rose Fulbright Pirkey Barber Sutherland Asbill & Brennan TRADEMARK PROSECUTION WEST HOLLAND & HART Holland & Hart is entrusted by Fortune 500 companies, such as Oracle Corporation, to file and protect their trademarks globally. Cooley Fenwick & West Holland & Hart Kilpatrick Townsend & Stockton Knobbe Martens McDermott Will & Emery Perkins Coie INDIVIDUAL ACHIEVEMENT OUTSTANDING IP LITIGATOR CALIFORNIA LISA KOBIALKA KRAMER LEVIN NAFTALIS & FRANKEL Kobialka was involved in securing an award of $40 million for Finjan. Annette Hurst, Orrick Herrington & Sutcliffe Carlo Van den Bosch, Sheppard Mullin Charles Verhoeven, Quinn Emanuel Urquhart & Sullivan Joseph Gratz, Durie Tangri Karen Boyd, Turner Boyd Kenneth Steinthal, King & Spalding Lisa Kobialka, Kramer Levin Naftalis & Frankel Morgan Chu, Irell & Manella Rich de Bodo, Morgan Lewis & Bockius COLORADO NATALIE HANLON-LEH WILMERHALE Hanlon-Leh is lead counsel in patent, copyright, trademark and trade secrets matters, representing clients in a wide range of technologies. David Sipiora, Kilpatrick Townsend & Stockton Donald Degnan, Holland & Hart John Posthumus, Sheridan Ross Jon Trembath, Lathrop & Gage Michael Dulin, Polsinelli Natalie Hanlon-Leh, WilmerHale DELAWARE JACK BLUMENFELD MORRIS NICHOLS ARSHT & TUNNELL Blumenfeld is the clear go-to patent lawyer in his state. He was involved in 128 new patent cases last year. David Moore, Potter Anderson & Corroon Douglas McCann, Fish & Richardson Francis DiGiovanni, Drinker Biddle & Reath Jack Blumenfeld, Morris Nichols Arsht & Tunnell Karen Jacobs, Morris Nichols Arsht & Tunnell DISTRICT OF COLUMBIA MAX GRANT LATHAM & WATKINS Grant was lead counsel for Inter- Digital in a trial asserting three patents against ZTE in which the jury found all claims infringed. Adam Perlman, Williams & Connolly Ahmed Davis, Fish & Richardson Brian O Shaughnessy, RatnerPrestia David Kelly, Kelly IP Douglas (Chip) Rettew, Finnegan Henderson Farabow Garrett & Dunner Matthew Wolf, Arnold & Porter Max Grant, Latham & Watkins Shannon Bloodworth, Perkins Coie M A N A G I N G I P. C O M M A Y

23 AWARDS NORTH AMERICA INDIVIDUAL ACHIEVEMENT OUTSTANDING IP LITIGATOR GEORGIA JEFFREY TONEY KASOWITZ BENSON TORRES & FRIEDMAN Toney secured a jury trial verdict in favour of Dr G David Jang against Boston Scientific, with royalties and prejudgment interest of more than $200 million. Holmes Hawkins, King & Spalding Jeffrey Toney, Kasowitz Benson Torres & Friedman Mitch Stockwell, Kilpatrick Townsend & Stockton William Brewster, Kilpatrick Townsend & Stockton Woody Jameson, Duane Morris ILLINOIS MICHAEL BRODY WINSTON & STRAWN Brody was involved in persuading Delaware Judge Richard Andrews to reverse a $27.6 million jury verdict against client Comcast. Brad Lyerla, Jenner & Block Constantine Trela, Sidley Austin George Lombardi, Winston & Strawn Meredith Martin Addy, Katten Muchin Rosenman Michael Brody, Winston & Strawn R David Donoghue, Holland & Knight Russell Levine, Kirkland & Ellis MASSACHUSETTS DARYL WIESEN GOODWIN PROCTER Wiesen was part of the team representing Teva Pharmaceuticals at the US Supreme Court. Barbara Fiacco, Foley Hoag Bill Lee, WilmerHale Daryl Wiesen, Goodwin Procter Eric Marandett, Choate Hall & Stewart Frank Scherkenbach, Fish & Richardson Sarah Columbia, McDermott Will & Emery Steven Bauer, Proskauer Rose MICHIGAN FRANK ANGILERI BROOKS KUSHMAN Angileri defended Ford against a plaintiff asserting several patents against Ford s SYNC infotainment system. Frank Angileri, Brooks Kushman Glenn Forbis, Harness Dickey & Pierce J Michael Huget, Honigman Miller Schwartz and Cohn John Artz, Dickinson Wright Mark Cantor, Brooks Kushman INDIVIDUAL ACHIEVEMENT OUTSTANDING IP LITIGATOR MINNESOTA J DEREK VANDENBURGH CARLSON CASPERS Vandenburgh secured an award of $24 million for Exmark. A jury determined that Briggs & Stratton had willfully infringed a patent directed to a commercial lawn mower. Chris Larus, Robins Kaplan J Derek Vandenburgh, Carlson Caspers Jake Holdreith, Robins Kaplan Jonathan Singer, Fish & Richardson Kenneth Levitt, Dorsey & Whitney Stephen Baird, Winthrop & Weinstine NEW YORK GREG AROVAS KIRKLAND & ELLIS Arovas represented Intel against Ericsson s patent licensing and litigation efforts regarding wifi technologies, helping obtain two victories. Andrew Bart, Jenner & Block Bradford Badke, Ropes & Gray Dimitrios Drivas, White & Case Dominick Conde, Fitzpatrick Cella Harper & Scinto Greg Arovas, Kirkland & Ellis John Desmarais, Desmarais Michael Elkin, Winston & Strawn R Bruce Rich, Weil Gotshal & Manges PENNSYLVANIA MARTIN BLACK DECHERT Black recently prevailed in a fiveweek trial for Endo against seven generic companies, winning injunctions and protecting over $2 billion in sales. Dale Heist, BakerHostetler Dianne Elderkin, Akin Gump Strauss Hauer & Feld Martin Black, Dechert Patrick McElhinny, K&L Gates TEXAS THEODORE STEVENSON MCKOOL SMITH Stevenson helped secure a $15 million patent infringement verdict on behalf of Droplets against Overstock.com and Sears. Bruce Sostek, Thompson & Knight David McCombs, Haynes & Boone Jason Cook, McGuire Woods Li Chen, Chen Malin Steve Meleen, Pirkey Barber Theodore Stevenson, McKool Smith Wasif Qureshi, Fish & Richardson 70 M A N A G I N G I P. C O M M A Y

24 INDIVIDUAL ACHIEVEMENT OUTSTANDING IP LITIGATOR AWARDS NORTH AMERICA VIRGINIA ERIKA ARNER FINNEGAN HENDERSON FARABOW GARRETT & DUNNER Arner is a highly experienced litigator, especially recently at the PTAB. Charles Lipsey, Finnegan Henderson Farabow Garrett & Dunner Erika Arner, Finnegan Henderson Farabow Garrett & Dunner Erin Dunston, Buchanan Ingersoll & Rooney Jack Barufka, Pillsbury Winthrop Shaw Pittman James Heintz, DLA Piper Scott McKeown, Oblon McClelland Maier & Neustadt WASHINGTON NAGENDRA SETTY ORRICK HERRINGTON & SUTCLIFFE Setty has tried 20 IP cases to verdict and has been lead counsel in more than 200 IP cases. David Tellekson, Fenwick & West Kevin Costanza, Seed IP Nagendra Setty, Orrick Herrington & Sutcliffe Stuart Dunwoody, Davis Wright Tremaine William Rava, Perkins Coie PTAB NAVEEN MODI PAUL HASTINGS Modi was named on the most PTAB petitions representing patent challengers last year, with 55. David Cavanaugh, WilmerHale David McCombs, Haynes & Boone Eldora Ellison, Sterne Kessler Goldstein & Fox Erika Arner, Finnegan Henderson Farabow Garrett & Dunner Naveen Modi, Paul Hastings Scott McKeown, Oblon McClelland Maier & Neustadt Steven Baughman, Ropes & Gray CANADA NATIONAL AWARDS COPYRIGHT FASKEN MARTINEAU DUMOULIN The firm was counsel to Rogers and others in a copyright suit regarding how Canadian Supreme Court decisions apply to past periods. Blake Cassels & Graydon Cassels Brock & Blackwell Fasken Martineau DuMoulin McCarthy Tétrault Osler Hoskin & Harcourt PATENT CONTENTIOUS AITKEN KLEE Aitken Klee focuses exclusively on intellectual property litigation, offering a strong team of attorneys. Aitken Klee Dimock Stratton Goodmans Gowling WLG McCarthy Tétrault Smart & Biggar/Fetherstonhaugh PATENT PROSECUTION GOWLING WLG Gowling WLG s recent work includes managing the patent portfolios for the Centre for Addiction and Mental Health, Magma International, and Medicago. Bereskin & Parr Borden Ladner Gervais Gowling WLG Norton Rose Fulbright Osler Hoskin & Harcourt TRADEMARK CONTENTIOUS SMART & BIGGAR/FETHERSTONHAUGH The firm was involved in a case in which a search engine has been ordered, for the first time ever, to de-list websites from its search indexes globally. Bereskin & Parr Dimock Stratton Gowling WLG McCarthy Tétrault Smart & Biggar/Fetherstonhaugh M A N A G I N G I P. C O M M A Y

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27 AWARDS NORTH AMERICA CANADA NATIONAL AWARDS TRADEMARK PROSECUTION GOWLING WLG Gowlings recently merged with UK law firm Wragge Lawrence Graham, which has helped to extend its reach to entirely new regions. Blake Cassels & Graydon Borden Ladner Gervais Dimock Stratton Gowling WLG SPECIALTY IP FIRM SMART & BIGGAR/FETHERSTONHAUGH Smart & Biggar is Canada s largest firm devoted exclusively to IP matters, with clients including AstraZeneca Canada, Dow Chemical Canada, and Imperial Tobacco Products. Aitken Klee Bereskin & Parr Dimock Stratton Smart & Biggar/Fetherstonhaugh INDIVIDUAL ACHIEVEMENT OUTSTANDING IP PRACTITIONER DAVID AITKEN, AITKEN KLEE Aitken s skilful advocacy helped lead to the dismissal of an appeal against his client at the Supreme Court last year, in the first case granted leave to appeal under Section 8 of the Patented Medicines Regulations. Casey Chisick, Cassels Brock & Blackwell David Aitken, Aitken Klee Dominique Hussey, Bennett Jones Martin Kratz, Bennett Jones Robert MacFarlane, Bereskin & Parr Tracy Corneau, Borden Ladner Gervais US NATIONAL AWARDS COPYRIGHT DURIE TANGRI Last year, the Second Circuit affirmed the summary judgment decision granted in 2013 determining Durie Tangri client Google s books project as protected under fair use. Debevoise & Plimpton Durie Tangri Fross Zelnick Lehrman & Zissu Kilpatrick Townsend & Stockton Kirkland & Ellis Jenner & Block Orrick Herrington & Sutcliffe FIRM TO WATCH MUNCY GEISSLER OLDS & LOWE The firm celebrated the start of its 10th year by adding six seasoned trademark and copyright professionals from one of the most venerable IP boutiques in the country. Beck Bismonte & Finley Brownstein Hyatt Farber Schreck Chen Malin McNeill Baur Muncy Geissler Olds & Lowe INTERNATIONAL TRADE COMMISSION KIRKLAND & ELLIS Kirkland & Ellis acted as counsel to Cisco Systems in two ITC actions. Adduci Mastriani & Schaumberg Alston & Bird Covington & Burling Finnegan Henderson Farabow Garrett & Dunner Fish & Richardson Foster Murphy Altman & Nickel Kirkland & Ellis Morgan Lewis & Bockius Quinn Emanuel Urquhart & Sullivan LIFE SCIENCES IP LITIGATION GOODWIN PROCTER Goodwin Procter successfully defended Teva Pharmaceuticals in a precedent-setting victory at the Supreme Court last year. Goodwin Procter Jones Day Paul Hastings Sidley Austin Williams & Connolly WilmerHale Winston & Strawn 74 M A N A G I N G I P. C O M M A Y

28 US NATIONAL AWARDS AWARDS NORTH AMERICA PATENT CONTENTIOUS WILMERHALE WilmerHale successfully defended Marvel at the US Supreme Court in a dispute over contractual agreements that grant royalty payments after the expiration of a patent. Finnegan Henderson Farabow Garrett & Dunner Fish & Richardson Irell & Manella Kirkland & Ellis McKool Smith Morrison & Foerster Quinn Emanuel Urquhart & Sullivan WilmerHale Winston & Strawn PATENT PROSECUTION KNOBBE MARTENS Knobbe Martens is an IP boutique with a reputation for attracting top-tier practitioners to the patent prosecution and portfolio management practice. Brinks Gilson & Lione Fish & Richardson Fitzpatrick Cella Harper & Scinto Haynes & Boone Knobbe Martens Marshall Gerstein & Borun Oblon McClelland Maier & Neustadt PLAINTIFF IP DESMARAIS Desmarais is a premier litigation boutique that, despite its size, has played leading roles in some of the most prominent patent trials in the country. Ahmad Zavitsanos Anaipakos Alavi Mensing Desmarais McKool Smith Robins Kaplan Susman Godfrey PTAB OBLON MCCLELLAND MAIER & NEUSTADT Oblon been a standout in post- AIA patent office proceedings since they became available in Finnegan Henderson Farabow Garrett & Dunner Fish & Richardson Haynes & Boone Oblon McClelland Maier & Neustadt Paul Hastings Sterne Kessler Goldstein & Fox WilmerHale M A N A G I N G I P. C O M M A Y

29 AWARDS NORTH AMERICA US NATIONAL AWARDS SPECIALTY IP FIRM FINNEGAN HENDERSON FARABOW GARRETT & DUNNER Finnegan is one of the largest IP-focused law firms in the world, filing nearly 2,500 US and 1,000 foreign patent applications per year. Finnegan Henderson Farabow Garrett & Dunner Fish & Richardson Fitzpatrick Cella Harper & Scinto Kilpatrick Townsend & Stockton Knobbe Martens Marshall Gerstein & Borun Oblon McClelland Maier & Neustadt Sterne Kessler Goldstein & Fox TRADEMARK CONTENTIOUS PIRKEY BARBER Pirkey Barber represented ExxonMobil Corporation in a trademark infringement case it brought against FX Networks. Debevoise & Plimpton Kelly IP Kilpatrick Townsend & Stockton Kirkland & Ellis Pattishall McAuliffe Newbury Hilliard & Geraldson Pirkey Barber Sheppard Mullin TRADEMARK PROSECUTION KILPATRICK TOWNSEND & STOCKTON In the words of one firm client, Kilpatrick Townsend does what it takes to get it right, and they don t bust the budget in getting to that point. Brinks Gilson & Lione Brooks Kushman Fross Zelnick Lehrman & Zissu Holland & Hart Kelly IP Kilpatrick Townsend & Stockton McDermott Will & Emery MILESTONE CASES OF THE YEAR MILESTONE CASE APOTEX V MERCK CANADA S FEDERAL COURT OF APPEALS MCCARTHY TÉTRAULT REPRESENTED MERCK The Federal Court of Appeal upheld the Federal Court s award of more than C$180 million in damages and interest for Apotex s infringement of Merck s Canadian lovastatin patent. Importantly, the Court of Appeal proposed a new legal test for determining the relevance of a non-infringing alternative based on the facts of a given case. Cassels Brock MILESTONE CASE CANADIAN BROADCASTING CORP V SODRAC 2003 SUPREME COURT OF CANADA MATTEAU POIRIER REPRESENTED SODRAC CASSELS BROCK REPRESENTED INTERVENERS THE CANADIAN MUSICAL REPRODUCTION RIGHTS AGENCY ET AL MCCARTHY TÉTRAULT REPRESENTED INTERVENERS MUSIC CANADA ET AL The Court decided that broadcast-incidental copying engages the reproduction right in Section 3 of the Copyright Act. The decision was a win for SODRAC on the question of whether broadcast-incidental copies should be licensed. Archer & Greiner MILESTONE CASE IN RE SIMON SHIAO TAM FEDERAL CIRCUIT ARCHER & GREINER ARGUED FOR APPELLANT, ALSO REPRESENTED BY MARTIN LAW FIRM In this closely-watched case, the Federal Circuit ruled that the disparagement proscription in the Lanham Act is unconstitutional, and reversed and vacated the Trademark Trial and Appeal Board s holding that The Slants is an unregistrable mark. 76 M A N A G I N G I P. C O M M A Y

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31 AWARDS NORTH AMERICA MILESTONE CASES OF THE YEAR WilmerHale Finnegan Henderson Farabow Garrett & Dunner MILESTONE CASE AKAMAI TECHNOLOGIES V LIMELIGHT NETWORKS FEDERAL CIRCUIT WILMERHALE ARGUED FOR AKAMAI, ALSO REPRESENTED BY LAW OFFICES OF DAVID H JUDSON, FINNEGAN HENDERSON FARABOW GARRETT & DUNNER, AND CHOATE HALL & STEWART Ten judges of the Federal Circuit voted unanimously that Limelight had infringed an Akamai patent. The decision effectively revives a $45.5 million infringement verdict that had been thrown out in 2009, though the court said a three-judge panel must still address residual issues. Choate Hall & Stewart MILESTONE CASES OF THE YEAR WilmerHale Durie Tangri MILESTONE CASE AUTHORS GUILD COURT OF THE APPEALS FOR THE SECOND CIRCUIT V GOOGLE WILMERHALE ARGUED FOR GOOGLE, ALSO REPRESENTED BY DURIE TANGRI In this long-running case, the Court of Appeals in October last year concluded that the defendant s copying is transformative, does not offer the public a meaningful substitute for matter protected by the plaintiffs copyrights, and satisfies Section 107 s test for fair use. MILESTONE CASE CLEARCORRECT OPERATING V ITC FEDERAL CIRCUIT MCCLANAHAN MYERS ESPEY ARGUED FOR CLEARCORRECT, ALSO REPRESENTED BY MAYER BROWN A split Federal Circuit panel held that the ITC cannot prevent importation of digital data. This case defined the scope of ITC s authority to bar importation in an increasingly global and digital world where cross-border collaborations abound and the distinction between tangible products and digital representations has blurred. 78 M A N A G I N G I P. C O M M A Y

32 MILESTONE CASES OF THE YEAR AWARDS NORTH AMERICA Goodwin Procter MILESTONE CASE B&B HARDWARE V HARGIS US SUPREME COURT GOODWIN PROCTER REPRESENTED B&B The Supreme Court held that so long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before a district court, issue preclusion should apply. B&B was represented by Goodwin Procter led by appellate litigation practice co-chair Willy Jay (pictured). Goodwin Procter MILESTONE CASE TEVA V SANDOZ US SUPREME COURT GOODWIN PROCTER ARGUED FOR TEVA The court held that when reviewing a district court s resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a clear error, not a de novo, standard of review. The Supreme Court vacated and remanded a Federal Circuit decision invalidating one of Teva s patents. MILESTONE CASES OF THE YEAR King & Ballow MILESTONE CASE PHARRELL WILLIAMS ET AL V BRIDGEPORT MUSIC INC ET AL CENTRAL DISTRICT OF CALIFORNIA KING & BALLOW REPRESENTED THE ESTATE OF MARVIN GAYE In the copyright case that attracted most headlines last year, a jury awarded $7.4 million in favour of the heirs of Marvin Gaye against Pharrell Williams and Robin Thicke arising out of the unlawful copying of Marvin Gaye s classic hit Got to Give It Up in the song Blurred Lines. Richard Busch of King & Ballow represented the estate of Marvin Gaye. Fish & Richardson MILESTONE CASE WILLIAMSON V CITRIX ONLINE FEDERAL CIRCUIT FISH & RICHARDSON ARGUED FOR ALL DEFENDANTS-APPELLEES BAKER BOTTS REPRESENTED WEBEX COMMUNICATIONS, CISCO WEBEX, CISCO SYSTEMS GOODWIN PROCTER REPRESENTED IBM The Federal Circuit vacated a stipulated judgment of non-infringement and invalidity, finding that the district court erroneously construed graphical display limitations to require a pictorial map and the term distributed learning control module as a means-plus-function expression. IBM M A N A G I N G I P. C O M M A Y