Arnold & Porter Kaye Scholer

Firm overview:

Full-service firm Arnold & Porter is a well-regarded global firm with ten US offices, plus offices in London, Amsterdam, Brussels, Seoul and Shanghai.

Within its Intellectual Property practice group, the firm has a strong offering in patent litigation, post-grant proceedings, and patent prosecution.

Arnold & Porter’s team of more than 70 patent litigators takes on complex, high-stakes cases for leading companies, particularly in the life sciences and technology sectors. More than half of its patent attorneys hold engineering and scientific degrees, and they have litigated disputes before the Patent Trial and Appeal Board (PTAB), the International Trade Commission (ITC) and federal courts across the US.

Some of the team’s high-profile successes include representing Nike in patent matters; defending Adobe in relation to various technologies as well as protecting its IP rights; obtaining a $35 million jury verdict and $180 million global settlement agreement for Boston Scientific; and representing Samsung in patent litigation against a university.

Team overview:

Washington, DC partner Matthew Wolf has been lead trial counsel in some of the most significant patent cases involving life sciences, technology and consumer goods companies—including Amgen v Sanofi/Regeneron—and is renowned for his courtroom skills. Also in DC is Jennifer Sklenar, who has led litigation teams in the district courts and ITC, and was part of the Arnold & Porter team that secured a $158 million patent infringement verdict for Boston Scientific against Cook Medical.

Partner Daniel DiNapoli, who is recognised as a WIPR Leader, concentrates his practice in patent, trade secret, and unfair competition litigation and counseling. His practice includes litigation, arbitration, and advice regarding patents and trade secrets in biotechnology, pharmaceuticals, and ANDA litigations—including ANDA litigation involving Pfizer's blockbuster drugs Viagra and Celebrex—medical diagnostics, surgical devices, computers, computer software, and telecommunications.

The firm elected eight new partners and six new counsel in December 2024, including partner Aaron Bowling. His patent and trademark litigation practice covers a range of industries from athletic apparel and footwear, to medical devices and biotechnology.

Key matters:

Non-Contentious:

• Arnold & Porter assisted Monsanto Technology with a US patent for “Methods to Improve Site-Directed Integration Frequency”.

Contentious:

• Crocs v Effervescent, et al, Case No. 1:06-cv-00605-PAB-MDB, Federal Circuit, October 2024

Arnold & Porter represented Crocs in a patent dispute between the iconic footwear brand Crocs, and rival shoe distributor Double Diamond Distribution. Crocs sued Double Diamond in 2006, along with shoe brand USA Dawgs and distributor Mojave Desert Holdings (collectively, ‘Dawgs’), for patent infringement.

Dawgs counterclaimed, alleging that Crocs was liable for damages for false advertising in violation of Section 43(a) of the Lanham Act. Crocs moved for summary judgment on grounds that Dawgs’ counterclaim failed as a matter of law. The district court agreed and entered summary judgment in Crocs’ favour.

However, on appeal from Dawgs (which arose from a group of cases spanning multiple forums that have a long and complex history of litigation involving Crocs and its competitors) Federal Circuit judges reversed this finding in October 2024, finding that district court erred in granting summary judgment on Dawgs’ Lanham Act counterclaim.

An Arnold & Porter team, comprising Michael Berta, Sean Michael Callagy, Isaac Ramsey, and Andrew Tutt, represented Crocs.

For the defendant-appellants were Matt Berkowitz and Navid Bayar, of Reichman Jorgensen Lehman & Feldberg.

• Beteiro v BetMGM, et al, Case No. 21-20156, US Court of Appeals for the Federal Circuit, June 2024

Arnold & Porter secured a victory for client BetMGM at the Court of Appeals for the Federal Circuit, concluding a three-year patent litigation process. Patent assertion entity Beteiro had sued BetMGM and others in the online gaming space claiming infringement with regards to GPS technology.

Arnold & Porter won a motion to dismiss on the grounds that the patents were invalid, and Beteiro appealed. In a precedential ruling in June 2024, the Federal Circuit “essentially slammed the door on GPS-based patent claims in the online gaming space, finding the technology to be abstract”, according to the firm.

Evan Rothstein, Patrick Hall, Estayvaine Bragg and former associate Anna Kaul represented the client in both the lower court and at the Federal Circuit. Elisabeth Theodore made the winning argument at the Federal Circuit, while Stanton Jones, Andrew Tutt assisted with the oral argument.

David Ward of Kluger Heale; and Scott Fuller and Randall Garteiser Garteiser Honea represented the plaintiff.

• Arnold & Porter achieved a Supreme Court victory for Sanofi and Regeneron in 2023  in the closely watched dispute with Amgen related to the scope and validity of antibody patents and the proper enablement test.
• Arnold & Porter secured a $158 million win for client Boston Scientific in 2023 after it sued Cook Medical for infringing patents related to endoscopic clips for the gastro-intestinal tract. A jury found that Cook had wilfully infringed the asserted patents and awarded damages.
• Seminis Vegetable Seeds v Enza Holding et al

Arnold & Porter represents Seminis Vegetable Seeds in a patent and plant variety protection infringement lawsuit filed in the US District Court for the Middle District of Florida, Tampa Division against Enza Holding, Enza Zaden Beheer, and Enza Zaden USA.

Seminis alleges Enza infringed a Seminis patent directed to certain pepper plants, as well as Seminis' Plant Variety Protection Certificate for a particular pepper variety. Seminis claims Enza used Seminis' patented pepper to develop its own pepper varieties without authorization. Seminis seeks injunctive relief and damages.

Seminis argues it has jurisdiction to assert an inducement of infringement claim over the Dutch parent entity solely based on ex-US activity, raising a novel question about the extraterritorial reach of US patent law on inducement.

Seminis - Arnold & Porter: Daniel DiNapoli and David Marsh; Carlton Fields: J. Coy Stull.

Enza Zaden - Foley Hoag: Barbara Fiacco (Lead), and Jeremy Younkin.

Clients:

Altria Client Services, Adobe, BetMGM, Boston Scientific, Crocs, Hologic, Finch Therapeutics Holdings, Grifols, Monsanto Technology, Nike, Pfizer, Regeneron, Samsung, Sanofi