Firm / Organisation

Desmarais LLP

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This content is provided by Desmarais LLP.

Partners: Paul A Bondor, John M Desmarais, Bindu Donovan, Alan S Kellman, Todd L Krause, Peter C Magic, Cosmin Maier, Jonas R McDavit, Kevin K McNish, Ameet A Modi, Karim Z Oussayef , Tamir Packin, Leslie M Spencer, Laurie N Stempler, Justin P D Wilcox
Number of partners: 15
Number of lawyers: 45

Firm Overview:
Desmarais LLP is a trial boutique focused on the litigation of complex, often technology-driven disputes. Its lawyers have successfully tried some of the most important intellectual property disputes in recent times, for some of the largest companies in the world. The firm also handles significant appellate matters, having argued the appeal of numerous cases that have shaped the substantive direction and development of intellectual property law.

Innovative Fee Structures:
In addition to Desmarais LLP’s record of success, its flexible and innovative approach to fee arrangements sets it apart from other top-tier firms that handle the same types of large, complex litigations. The firm has abandoned the traditional (and frequently inefficient) billable-hour approach in favor of fee arrangements tailored to its clients’ interests. For clients who want predictability, the firm’s fee structures will accommodate a flat fee negotiated at the outset. For those interested in a shared-risk approach, Desmarais LLP is open to contingent fee arrangements and hybrid fee structures that meet the needs of its clients and the case.

Main Areas of Practice:
Intellectual Property Litigation
Unfair Competition
Trade Secrets

Intellectual Property Litigation:
Desmarais LLP handles all stages of litigation, and the firm’s attorneys have significant trial experience in every major forum for technology disputes in the United States, including administrative bodies (such as International Trade Commission) and arbitration panels.
At the appellate level, Desmarais LLP’s attorneys have successfully briefed and argued cases before numerous appellate courts, including the Court of Appeals for the Federal Circuit. Desmarais LLP and its lawyers are consistently recognized in industry publications as leaders in its areas of practice. In addition, the firm boasts a deep bench of lawyers with real-world jury trial experience in the nation’s busiest districts for patent litigation. Whether for jury trial, bench trial, or appellate argument, Desmarais LLP’s focused approach will bring a lean team of experienced and creative professionals dedicated to achieving client’s business goals.
Desmarais LLP’s practice centers on technology-related disputes. Attorneys have achieved successful trial results for firm clients in dozens of patent infringement cases, concerning technologies such as semiconductors, telecommunications and networking, computer software, consumer electronics, pharmaceuticals, medical devices, biotechnology, chemicals, and transportation.
On appeal, Desmarais LLP has preserved both offensive and defensive victories for its clients, obtained reversal of adverse results, and steered the development of substantive law in its clients’ interests. Desmarais LLP’s technology litigation expertise extends well beyond patent infringement cases. The firm’s attorneys have successfully litigated a wide variety of technology-driven disputes, such as those involving antitrust, unfair competition, trade secret, fraud, and contract claims. Further, even beyond technology matters, the firm’s attorneys have also built a strong track record of litigation success in other IP areas, such as trademark, trade dress, and counterfeiting matters.

Desmarais LLP represents a diverse set of clients, as both plaintiffs and defendants, in a wide variety of technology areas. Its clients include Fortune 100 companies who rely on the firm to protect their most important intellectual property assets, and also to defend them against claims that jeopardize their critical business interests. In addition, Desmarais LLP represents smaller entities, including individuals, who seek to enforce the exclusive rights in their inventions or technology.

Representative Matters:
■In re Certain Electronic Devices (ITC): After five-day trial, won initial determination on behalf of Nokia Corporation that HTC infringed two patents and secured a limited exclusion order barring HTC smartphones from entering the country
■Enzo Life Sciences, Inc. v. Affymetrix, Inc., No. 12-cv-433-LPS (D. Del.); and associated cases: In coordinated patent infringement litigations brought by client Enzo Life Sciences, Inc. concerning nucleic acid labeling and detection technologies, obtained settlements and associated licenses involving payments to Enzo totaling over $90M
■Arista Networks, Inc. v. Cisco Systems, Inc., 5:16-cv-923-BLF (N.D. Cal.): Defended Cisco Systems in an antitrust matter, securing a $400 million payout from Arista to Cisco to settle the matter and to end separate patent infringement litigation
■Straight Path IP Group Inc. v. Cisco Systems, Inc., 3:16-cv-3463-WHA (N.D. Cal.); 18-1492 (CAFC): Defended Cisco Systems in a $75 million patent infringement matter, winning a complete defense verdict on summary judgment, which was affirmed by the Federal Circuit
■IBM Corp. v. Groupon, Inc., 1:16-cv-122-LPSCJB (D. Del.): Won an $82.5 million verdict for IBM after a jury found Groupon willfully infringed four patents; the verdict resulted in a $57.5 million settlement and licensing agreement
■ v. Apple, 18-cv-6217 (N.D. Cal.): Following a successful stay and transfer of the original patent case, Desmarais LLP secured a complete dismissal of a $2.8 billion multi-patent suit against Apple on patent eligibility grounds
■Parallel Networks Licensing v. IBM, 17-2042 (CAFC): Following a complete defense win for IBM on summary judgment against $100 million in patent infringement claims, the Federal Circuit affirmed the District Court’s verdict without opinion
■Egenera Inc. v. Cisco Systems Inc., 1:16-cv11613-RGS (D. Mass.): Defended Cisco Systems against $400 million in patent infringement claims, successfully eliminated claims for two patents prior to trial and won a complete defense verdict on the remaining patent following a three-day bench trial
■Intuitive Surgical Inc. v. Auris Health Inc., 1:18-cv-01359-MN (D. Del.): Representing Auris in defense of a patent infringement lawsuit involving multiple patents covering robotic surgical and medical procedures
■IBM v. Iancu, 18-1065 (CAFC): Secured two inter partes review (IPR) victories before the Federal Circuit, overturning the Patent Trial and Appeal Board’s invalidation of an IBM patent covering online user authentication technology
Key Clients:
Acelity, Apple, Cisco, Cloud9, Eagle Pharma, Enzo, GSK, IBM, Intel, IV, Johnson & Johnson, KeyGene, Microsoft, Nokia, Sound View
Contact: Paul A Bondor
Tel: 212 351 3424
Email: [email protected] com
Contact: Peter C Magic
Tel: 415 573 1899
Email: [email protected]