Sidley Austin

Firm overview:

Sidley combines focused IP experience with broad-based resources to provide comprehensive patent strategies for clients. The firm employs more than 100 lawyers actively involved in patent litigation, taking on some of the most challenging cases at the forefront of technological and scientific innovation.

The firm’s client roster indicates its strength in litigating high-stakes cases, with biotech giant Amgen and technology leaders Microsoft and Apple among its representations.

Team overview:

First-chair trial lawyer Aimee Fagan co-leads Sidley’s IP Litigation practice, with wide-ranging expertise across various technologies and a strong track record of success in court.

Ching-Lee Fukuda heads up Sidley’s IP Litigation practice in New York and is widely respected for her patent and trade secret litigation victories. These include leading a damages trial team to victory for Bayer that helped secure a jury award of $182 million.

Key matters:

• Amgen v Samsung Bioepis, Case No. 1:24-cv-08417, US District Court for the District of New Jersey, 2024

Sidley attorneys are on the team representing Amgen in a complaint filed in August 2024 against Samsung Bioepis, alleging that proposed biosimilars to Amgen’s blockbuster drugs Prolia and Xgeva would infringe 34 patents. According to a company report, Amgen sold more than $2.7 billion worth of Prolia and $1.5 billion of Xgeva in the US in 2023.

• IPA Technologies v Microsoft Corporation, Case No. No. 1:18-cv-00001, US District Court for the District of Delaware, 2024

Sidley’s Joseph Micallef, Nathaniel Love and Mike Bettinger represent Microsoft, along with Scott Border of Winston & Strawn, in litigation with plaintiff IPA Technologies over Microsoft’s Cortana virtual-assistant technology. In June 2024 it was announced that the parties had settled, following Microsoft’s $242 million jury verdict loss the previous month.

• Apple v Omni Medsci, Case No. 23-1034, US Court of Appeals for the Federal Circuit, 2024

Jeffrey Kushan argued for Apple in this dispute over health monitoring technology that reached the Court of Appeals in 2024. Apple appealed a Patent Trial and Appeal Board (PTAB) decision, which found that it had failed to show certain claims of an Omni Medsci patent to be unpatentable. The court vacated the board’s decision on this point and remanded for further proceedings.

Clients:

Amgen, Apple, Microsoft.