WilmerHale

Firm overview:

WilmerHale is an international law firm with more than 1,100 lawyers located across 13 offices in the US, Europe and Asia. International peers agree that the firm merits inclusion as globally capable in trade secrets.

WilmerHale has advised on high-stakes trade secrets disputes, including multibillion-dollar cases. The firm’s lawyers have successfully represented clients in every phase of trade secrets identification, organisation, pre-litigation and litigation, including through trial and on appeal.

The firm can mobilise dynamically—often within days—to address rapid-response pre-litigation matters, including employee or executive exits or onboarding, temporary restraining orders, preliminary injunctions, and other requested relief in the lead up to or outset of litigation. The team works with clients ahead of court action and coordinates with its appellate lawyers throughout litigation.

WilmerHale published its second annual client alert in July 2024, Trade Secret Update: A Look at Recent Trade Secret Developments & Trends. The update contained a summary of the latest trends in trade secrets filings, and recent significant trade secret cases and decisions, and notable policy developments of the year. WilmerHale partners have recently presented client webinar sessions on trade secrets.

Team overview:

WilmerHale’s cross-practice team is made up of commercial and intellectual property litigators who draw on their US state and federal courtroom experience to manage trade secrets disputes. The firm has more than 120 lawyers with scientific and engineering backgrounds who can handle complex issues across multiple technologies.

New York partner Robert Gunther is a patent litigator and vice chair of the Litigation/Controversy Department. With more than 35 years of experience, he has successfully tried patent, trademark, trade secret and licence disputes and other intellectual property cases, before numerous federal district courts, state courts and arbitration tribunals.

Also in New York, partner Omar Khan is a leading trial and appellate lawyer representing the world’s top technology and life sciences companies in high-stakes intellectual property matters.

Joshua Lerner, in San Francisco, is a leading litigator who has built a technology-focused practice representing clients before federal and state courts and arbitral forums in complex commercial and intellectual property litigations, including trade secrets, class actions and contract disputes.

London partner Annsley Merelle Ward is an experienced and strategic intellectual property litigator focusing on complex cross-border patent litigation and trade secrets litigation, particularly at the interface of competition, contract and regulatory law.

Key matters:

• Masimo Corporation v Apple

Led by Joe Mueller, co-chair of WilmerHale’s Trial Practice, WilmerHale successfully defended Apple in a multibillion-dollar trade secrets trial, resulting in half of the plaintiff’s trade secrets being dismissed as a matter of law before the case went to the jury. Apple was accused of wrongly acquiring trade secrets from Masimo for pulse oximetry technology incorporated into the Apple Watch.

The dispute was one of the highest-stakes trade secret cases ever in terms of the magnitude of the plaintiff’s demands. The net outcome was that WilmerHale achieved one of the largest defendant decisions in any trade secrets case, and was one juror from a clean sweep on all claims.

This huge case is ongoing, involving both the US Court of Appeals for the Federal Circuit, and the International Trade Commission (ITC). In January 2024, the ITC banned the sale of certain models of the Apple Watch, which contain the  blood-oxygen measuring tech that Masimo claims is its own.

• Absorption Pharmaceuticals v Reckitt Benckiser, case no. 2:17-cv-12872, US District Court for the District of New Jersey, 2022

WilmerHale partners Robert Gunther; Hallie Levin, co-chair of the Trial Practice; and Peter Neiman, secured a major victory for UK consumer goods company Reckitt Benckiser. The case related to an abandoned acquisition of a premature ejaculation spray technology company. Following a five-week jury trial, claims brought by Absorption Pharmaceuticals—which sought $454 million in damages for alleged fraud and trade secrets misappropriation, as well as punitive damages—were rejected in a jury verdict.

• Genscape v Live Power Intelligence Company, 1:18-cv-02525, US District Court, District of Colorado, 2020

WilmerHale secured a favourable dismissal of all claims brought by competitor Genscape against Yes Energy and Live Power Intelligence Company. Genscape, which had previously held 100% of the market share in the real-time power data market, levied trade secrets misappropriation and computer fraud and abuse act allegations against Live Power and Yes Energy after their market entry. Yes Energy and Live Power continue to operate in this market.

Clients:

Apple, Live Power Intelligence Company, Novartis, Novelis, Reckitt Benckiser, Yes Energy.