Nick G.Saros

Partner

bnNhcm9zQGplbm5lci5jb20=

Office

Los Angeles

Phone

+1 213 239 5175

VCARDPDF

Nick G. Saros

Partner

bnNhcm9zQGplbm5lci5jb20=

Office

Los Angeles

Phone

+1 213 239 5175

Overview Areas of Focus Representative Matters Credentials Service / Recognition

Nick Saros is no stranger to high-value, unique technology design. A former design engineer on projects like satellites and the B-2 stealth bomber, he brings singular insight to intellectual property challenges and opportunities. Nick focuses his practice on complex intellectual property matters, primarily patent infringement and trade secret litigation, as well as patent licensing and other technology-related issues.

Market leaders and some of the world’s largest companies across a wide range of technologies have called on Nick for his counsel on intellectual property issues and disputes. These include software, electronic health records and medical devices, ticketing applications, cameras and lenses, motion control systems, semiconductor technology, menu generation applications, lighting control, internet content delivery, and turbochargers. Nick also routinely represents Japanese companies in US courts in patent infringement and trademark matters.

Nick’s trade secret work has been lauded as landmark. He was a lead member on the Jenner & Block team that won a $940 million jury verdict based on claims of misappropriation of trade secrets, breach of contract, fraud, and violations of state and federal law involving the client’s leading healthcare software. This win is one of the largest trade secret verdicts in US history.

My mechanical and design engineering backgrounds give me special insights into my clients’ technologies, IP portfolio opportunities, and the challenges my clients face.

Areas of Focus

Representative Matters

Represented a leading provider of process control and motion control systems in a patent infringement case in the Eastern District of Texas. Obtained summary judgment of unpatentability on all asserted claims of four patents, which was affirmed on appeal.
Represents the leading provider of ticketing and entertainment services in a patent infringement case in the Western District of Texas. The matter is currently ongoing.
Represents the world leader in electronic health records software and services in the Western District of Texas along with two of the client’s customers.
Represents one of the world’s largest hotel companies in a patent infringement case in the Southern District of California. After invalidating three patents in patent office proceedings, won summary judgment of unpatentability for claims of the remaining patent.
Represented News Corp. subsidiary Move, Inc. and the National Association of Realtors in a trade secret case against online real estate portal Zillow and two of its senior executives. Based on claims of trade secret misappropriation, breach of contract, and breach of fiduciary duty, among others, the case resolved with a $130 million settlement on the first day of trial.
Represented Japanese broadcast and video system manufacturer in a patent infringement case in the Eastern District of Texas. After a motion to dismiss based on Section 101 unpatentability, the matter settled.
Represented the world’s leading supplier of consumer lighting control products in the Central District of California for patent infringement against competitors and knock-off vendors. Obtained injunctions or agreements to modify existing products against all defendants.
Represented Japanese consumer food product manufacturer in a trademark infringement lawsuit in the Western District of Michigan, resulting in a dismissal of all claims against the client.
Represented Japanese video game manufacturer in a patent infringement lawsuit in the Central District of California, resulting in an early minimal settlement after which the case continued against numerous other defendants for years.
Represented a prominent surgeon and inventor in a patent infringement dispute against a large biomedical device company that produces spinal instrument systems. After a three-month trial, the jury delivered a $560 million verdict against the medical device company, as well as findings of breach of various licensing agreements and infringement of all six asserted patents. The case was featured in The American Lawyer and Corporate Counsel magazines.
Represented a Japanese video surveillance product manufacturer in a patent infringement action in the District of Delaware that resulted in a settlement before any substantial discovery or motion practice.
Represented a leading internet content delivery provider in a patent infringement action brought by a competitor in the District of Massachusetts. The plaintiff asserted more than 200 claims in connection with three patents. Mr. Saros achieved successful claim constructions that led to a summary judgment ruling of noninfringement for two of the asserted patents. After a jury trial on the remaining patent, the Court granted a post-trial motion for judgment as a matter of law of non-infringement. Following the conclusion of Mr. Saros’ representation, the case continued through multiple Federal Circuit and Supreme Court appeals.
Represented a major supplier of automotive and consumer products in a patent infringement action in the Northern District of California regarding trench metal oxide semiconductor field-effect transistor (MOSFET) technology. Mr. Saros led a joint defense team of all co-defendants in the action and argued on behalf of the joint team at the technology tutorial and claim construction hearings before the Court. Mr. Saros achieved a successful claim construction on the disputed terms, convincing the Court to change its previous construction of a claim term in an earlier case. All claims against the client were dismissed with prejudice after a favorable Markman order.
Represented a leading internet content delivery provider in a patent infringement action in the Eastern District of Virginia involving three patents and more than 150 asserted claims. Mr. Saros defeated one claim before trial, following a dispositive claim construction order. After a three-week trial, a jury found noninfringement of the remaining two patents. On appeal, the Federal Circuit affirmed.

Credentials

Service / Recognition

My mechanical and design engineering backgrounds give me special insights into my clients’ technologies, IP portfolio opportunities, and the challenges my clients face.

Represented a leading provider of process control and motion control systems in a patent infringement case in the Eastern District of Texas. Obtained summary judgment of unpatentability on all asserted claims of four patents, which was affirmed on appeal.
Represents the leading provider of ticketing and entertainment services in a patent infringement case in the Western District of Texas. The matter is currently ongoing.
Represents the world leader in electronic health records software and services in the Western District of Texas along with two of the client’s customers.
Represents one of the world’s largest hotel companies in a patent infringement case in the Southern District of California. After invalidating three patents in patent office proceedings, won summary judgment of unpatentability for claims of the remaining patent.
Represented News Corp. subsidiary Move, Inc. and the National Association of Realtors in a trade secret case against online real estate portal Zillow and two of its senior executives. Based on claims of trade secret misappropriation, breach of contract, and breach of fiduciary duty, among others, the case resolved with a $130 million settlement on the first day of trial.
Represented Japanese broadcast and video system manufacturer in a patent infringement case in the Eastern District of Texas. After a motion to dismiss based on Section 101 unpatentability, the matter settled.
Represented the world’s leading supplier of consumer lighting control products in the Central District of California for patent infringement against competitors and knock-off vendors. Obtained injunctions or agreements to modify existing products against all defendants.
Represented Japanese consumer food product manufacturer in a trademark infringement lawsuit in the Western District of Michigan, resulting in a dismissal of all claims against the client.
Represented Japanese video game manufacturer in a patent infringement lawsuit in the Central District of California, resulting in an early minimal settlement after which the case continued against numerous other defendants for years.
Represented a prominent surgeon and inventor in a patent infringement dispute against a large biomedical device company that produces spinal instrument systems. After a three-month trial, the jury delivered a $560 million verdict against the medical device company, as well as findings of breach of various licensing agreements and infringement of all six asserted patents. The case was featured in The American Lawyer and Corporate Counsel magazines.
Represented a Japanese video surveillance product manufacturer in a patent infringement action in the District of Delaware that resulted in a settlement before any substantial discovery or motion practice.
Represented a leading internet content delivery provider in a patent infringement action brought by a competitor in the District of Massachusetts. The plaintiff asserted more than 200 claims in connection with three patents. Mr. Saros achieved successful claim constructions that led to a summary judgment ruling of noninfringement for two of the asserted patents. After a jury trial on the remaining patent, the Court granted a post-trial motion for judgment as a matter of law of non-infringement. Following the conclusion of Mr. Saros’ representation, the case continued through multiple Federal Circuit and Supreme Court appeals.
Represented a major supplier of automotive and consumer products in a patent infringement action in the Northern District of California regarding trench metal oxide semiconductor field-effect transistor (MOSFET) technology. Mr. Saros led a joint defense team of all co-defendants in the action and argued on behalf of the joint team at the technology tutorial and claim construction hearings before the Court. Mr. Saros achieved a successful claim construction on the disputed terms, convincing the Court to change its previous construction of a claim term in an earlier case. All claims against the client were dismissed with prejudice after a favorable Markman order.
Represented a leading internet content delivery provider in a patent infringement action in the Eastern District of Virginia involving three patents and more than 150 asserted claims. Mr. Saros defeated one claim before trial, following a dispositive claim construction order. After a three-week trial, a jury found noninfringement of the remaining two patents. On appeal, the Federal Circuit affirmed.

Overview

My mechanical and design engineering backgrounds give me special insights into my clients’ technologies, IP portfolio opportunities, and the challenges my clients face.

Areas of Focus

Representative Matters

Represented a leading provider of process control and motion control systems in a patent infringement case in the Eastern District of Texas. Obtained summary judgment of unpatentability on all asserted claims of four patents, which was affirmed on appeal.
Represents the leading provider of ticketing and entertainment services in a patent infringement case in the Western District of Texas. The matter is currently ongoing.
Represents the world leader in electronic health records software and services in the Western District of Texas along with two of the client’s customers.
Represents one of the world’s largest hotel companies in a patent infringement case in the Southern District of California. After invalidating three patents in patent office proceedings, won summary judgment of unpatentability for claims of the remaining patent.
Represented News Corp. subsidiary Move, Inc. and the National Association of Realtors in a trade secret case against online real estate portal Zillow and two of its senior executives. Based on claims of trade secret misappropriation, breach of contract, and breach of fiduciary duty, among others, the case resolved with a $130 million settlement on the first day of trial.
Represented Japanese broadcast and video system manufacturer in a patent infringement case in the Eastern District of Texas. After a motion to dismiss based on Section 101 unpatentability, the matter settled.
Represented the world’s leading supplier of consumer lighting control products in the Central District of California for patent infringement against competitors and knock-off vendors. Obtained injunctions or agreements to modify existing products against all defendants.
Represented Japanese consumer food product manufacturer in a trademark infringement lawsuit in the Western District of Michigan, resulting in a dismissal of all claims against the client.
Represented Japanese video game manufacturer in a patent infringement lawsuit in the Central District of California, resulting in an early minimal settlement after which the case continued against numerous other defendants for years.
Represented a prominent surgeon and inventor in a patent infringement dispute against a large biomedical device company that produces spinal instrument systems. After a three-month trial, the jury delivered a $560 million verdict against the medical device company, as well as findings of breach of various licensing agreements and infringement of all six asserted patents. The case was featured in The American Lawyer and Corporate Counsel magazines.
Represented a Japanese video surveillance product manufacturer in a patent infringement action in the District of Delaware that resulted in a settlement before any substantial discovery or motion practice.
Represented a leading internet content delivery provider in a patent infringement action brought by a competitor in the District of Massachusetts. The plaintiff asserted more than 200 claims in connection with three patents. Mr. Saros achieved successful claim constructions that led to a summary judgment ruling of noninfringement for two of the asserted patents. After a jury trial on the remaining patent, the Court granted a post-trial motion for judgment as a matter of law of non-infringement. Following the conclusion of Mr. Saros’ representation, the case continued through multiple Federal Circuit and Supreme Court appeals.
Represented a major supplier of automotive and consumer products in a patent infringement action in the Northern District of California regarding trench metal oxide semiconductor field-effect transistor (MOSFET) technology. Mr. Saros led a joint defense team of all co-defendants in the action and argued on behalf of the joint team at the technology tutorial and claim construction hearings before the Court. Mr. Saros achieved a successful claim construction on the disputed terms, convincing the Court to change its previous construction of a claim term in an earlier case. All claims against the client were dismissed with prejudice after a favorable Markman order.
Represented a leading internet content delivery provider in a patent infringement action in the Eastern District of Virginia involving three patents and more than 150 asserted claims. Mr. Saros defeated one claim before trial, following a dispositive claim construction order. After a three-week trial, a jury found noninfringement of the remaining two patents. On appeal, the Federal Circuit affirmed.

Credentials

Admissions

California, 2000

Education

Loyola Law School, Los Angeles, JD, Order of the Coif; Fritz Burns Scholarship, 2000
Michigan State University, BS, Mechanical Engineering, 1993

Court Admissions

US Court of Appeals, Federal Circuit, 2001
US District Court, Central District of California, 2000
US District Court, Northern District of California, 2000

Service / Recognition

Awards

California Lawyer & Daily Journal, California Lawyer Attorney of the Year (CLAY) Award, 2017
Southern California Super Lawyers, Intellectual Property Litigation, 2011-2018; Rising Star, 2010
Legal 500, Next Generation Lawyer, Trade Secrets Litigation and Non-Contentious Matters, 2021

My mechanical and design engineering backgrounds give me special insights into my clients’ technologies, IP portfolio opportunities, and the challenges my clients face.

Areas of Focus

Representative Matters

Represented a leading provider of process control and motion control systems in a patent infringement case in the Eastern District of Texas. Obtained summary judgment of unpatentability on all asserted claims of four patents, which was affirmed on appeal.
Represents the leading provider of ticketing and entertainment services in a patent infringement case in the Western District of Texas. The matter is currently ongoing.
Represents the world leader in electronic health records software and services in the Western District of Texas along with two of the client’s customers.
Represents one of the world’s largest hotel companies in a patent infringement case in the Southern District of California. After invalidating three patents in patent office proceedings, won summary judgment of unpatentability for claims of the remaining patent.
Represented News Corp. subsidiary Move, Inc. and the National Association of Realtors in a trade secret case against online real estate portal Zillow and two of its senior executives. Based on claims of trade secret misappropriation, breach of contract, and breach of fiduciary duty, among others, the case resolved with a $130 million settlement on the first day of trial.
Represented Japanese broadcast and video system manufacturer in a patent infringement case in the Eastern District of Texas. After a motion to dismiss based on Section 101 unpatentability, the matter settled.
Represented the world’s leading supplier of consumer lighting control products in the Central District of California for patent infringement against competitors and knock-off vendors. Obtained injunctions or agreements to modify existing products against all defendants.
Represented Japanese consumer food product manufacturer in a trademark infringement lawsuit in the Western District of Michigan, resulting in a dismissal of all claims against the client.
Represented Japanese video game manufacturer in a patent infringement lawsuit in the Central District of California, resulting in an early minimal settlement after which the case continued against numerous other defendants for years.
Represented a prominent surgeon and inventor in a patent infringement dispute against a large biomedical device company that produces spinal instrument systems. After a three-month trial, the jury delivered a $560 million verdict against the medical device company, as well as findings of breach of various licensing agreements and infringement of all six asserted patents. The case was featured in The American Lawyer and Corporate Counsel magazines.
Represented a Japanese video surveillance product manufacturer in a patent infringement action in the District of Delaware that resulted in a settlement before any substantial discovery or motion practice.
Represented a leading internet content delivery provider in a patent infringement action brought by a competitor in the District of Massachusetts. The plaintiff asserted more than 200 claims in connection with three patents. Mr. Saros achieved successful claim constructions that led to a summary judgment ruling of noninfringement for two of the asserted patents. After a jury trial on the remaining patent, the Court granted a post-trial motion for judgment as a matter of law of non-infringement. Following the conclusion of Mr. Saros’ representation, the case continued through multiple Federal Circuit and Supreme Court appeals.
Represented a major supplier of automotive and consumer products in a patent infringement action in the Northern District of California regarding trench metal oxide semiconductor field-effect transistor (MOSFET) technology. Mr. Saros led a joint defense team of all co-defendants in the action and argued on behalf of the joint team at the technology tutorial and claim construction hearings before the Court. Mr. Saros achieved a successful claim construction on the disputed terms, convincing the Court to change its previous construction of a claim term in an earlier case. All claims against the client were dismissed with prejudice after a favorable Markman order.
Represented a leading internet content delivery provider in a patent infringement action in the Eastern District of Virginia involving three patents and more than 150 asserted claims. Mr. Saros defeated one claim before trial, following a dispositive claim construction order. After a three-week trial, a jury found noninfringement of the remaining two patents. On appeal, the Federal Circuit affirmed.

Credentials

Service / Recognition

My mechanical and design engineering backgrounds give me special insights into my clients’ technologies, IP portfolio opportunities, and the challenges my clients face.

Represented a leading provider of process control and motion control systems in a patent infringement case in the Eastern District of Texas. Obtained summary judgment of unpatentability on all asserted claims of four patents, which was affirmed on appeal.
Represents the leading provider of ticketing and entertainment services in a patent infringement case in the Western District of Texas. The matter is currently ongoing.
Represents the world leader in electronic health records software and services in the Western District of Texas along with two of the client’s customers.
Represents one of the world’s largest hotel companies in a patent infringement case in the Southern District of California. After invalidating three patents in patent office proceedings, won summary judgment of unpatentability for claims of the remaining patent.
Represented News Corp. subsidiary Move, Inc. and the National Association of Realtors in a trade secret case against online real estate portal Zillow and two of its senior executives. Based on claims of trade secret misappropriation, breach of contract, and breach of fiduciary duty, among others, the case resolved with a $130 million settlement on the first day of trial.
Represented Japanese broadcast and video system manufacturer in a patent infringement case in the Eastern District of Texas. After a motion to dismiss based on Section 101 unpatentability, the matter settled.
Represented the world’s leading supplier of consumer lighting control products in the Central District of California for patent infringement against competitors and knock-off vendors. Obtained injunctions or agreements to modify existing products against all defendants.
Represented Japanese consumer food product manufacturer in a trademark infringement lawsuit in the Western District of Michigan, resulting in a dismissal of all claims against the client.
Represented Japanese video game manufacturer in a patent infringement lawsuit in the Central District of California, resulting in an early minimal settlement after which the case continued against numerous other defendants for years.
Represented a prominent surgeon and inventor in a patent infringement dispute against a large biomedical device company that produces spinal instrument systems. After a three-month trial, the jury delivered a $560 million verdict against the medical device company, as well as findings of breach of various licensing agreements and infringement of all six asserted patents. The case was featured in The American Lawyer and Corporate Counsel magazines.
Represented a Japanese video surveillance product manufacturer in a patent infringement action in the District of Delaware that resulted in a settlement before any substantial discovery or motion practice.
Represented a leading internet content delivery provider in a patent infringement action brought by a competitor in the District of Massachusetts. The plaintiff asserted more than 200 claims in connection with three patents. Mr. Saros achieved successful claim constructions that led to a summary judgment ruling of noninfringement for two of the asserted patents. After a jury trial on the remaining patent, the Court granted a post-trial motion for judgment as a matter of law of non-infringement. Following the conclusion of Mr. Saros’ representation, the case continued through multiple Federal Circuit and Supreme Court appeals.
Represented a major supplier of automotive and consumer products in a patent infringement action in the Northern District of California regarding trench metal oxide semiconductor field-effect transistor (MOSFET) technology. Mr. Saros led a joint defense team of all co-defendants in the action and argued on behalf of the joint team at the technology tutorial and claim construction hearings before the Court. Mr. Saros achieved a successful claim construction on the disputed terms, convincing the Court to change its previous construction of a claim term in an earlier case. All claims against the client were dismissed with prejudice after a favorable Markman order.
Represented a leading internet content delivery provider in a patent infringement action in the Eastern District of Virginia involving three patents and more than 150 asserted claims. Mr. Saros defeated one claim before trial, following a dispositive claim construction order. After a three-week trial, a jury found noninfringement of the remaining two patents. On appeal, the Federal Circuit affirmed.

Overview

My mechanical and design engineering backgrounds give me special insights into my clients’ technologies, IP portfolio opportunities, and the challenges my clients face.

Areas of Focus

Representative Matters

Represented a leading provider of process control and motion control systems in a patent infringement case in the Eastern District of Texas. Obtained summary judgment of unpatentability on all asserted claims of four patents, which was affirmed on appeal.
Represents the leading provider of ticketing and entertainment services in a patent infringement case in the Western District of Texas. The matter is currently ongoing.
Represents the world leader in electronic health records software and services in the Western District of Texas along with two of the client’s customers.
Represents one of the world’s largest hotel companies in a patent infringement case in the Southern District of California. After invalidating three patents in patent office proceedings, won summary judgment of unpatentability for claims of the remaining patent.
Represented News Corp. subsidiary Move, Inc. and the National Association of Realtors in a trade secret case against online real estate portal Zillow and two of its senior executives. Based on claims of trade secret misappropriation, breach of contract, and breach of fiduciary duty, among others, the case resolved with a $130 million settlement on the first day of trial.
Represented Japanese broadcast and video system manufacturer in a patent infringement case in the Eastern District of Texas. After a motion to dismiss based on Section 101 unpatentability, the matter settled.
Represented the world’s leading supplier of consumer lighting control products in the Central District of California for patent infringement against competitors and knock-off vendors. Obtained injunctions or agreements to modify existing products against all defendants.
Represented Japanese consumer food product manufacturer in a trademark infringement lawsuit in the Western District of Michigan, resulting in a dismissal of all claims against the client.
Represented Japanese video game manufacturer in a patent infringement lawsuit in the Central District of California, resulting in an early minimal settlement after which the case continued against numerous other defendants for years.
Represented a prominent surgeon and inventor in a patent infringement dispute against a large biomedical device company that produces spinal instrument systems. After a three-month trial, the jury delivered a $560 million verdict against the medical device company, as well as findings of breach of various licensing agreements and infringement of all six asserted patents. The case was featured in The American Lawyer and Corporate Counsel magazines.
Represented a Japanese video surveillance product manufacturer in a patent infringement action in the District of Delaware that resulted in a settlement before any substantial discovery or motion practice.
Represented a leading internet content delivery provider in a patent infringement action brought by a competitor in the District of Massachusetts. The plaintiff asserted more than 200 claims in connection with three patents. Mr. Saros achieved successful claim constructions that led to a summary judgment ruling of noninfringement for two of the asserted patents. After a jury trial on the remaining patent, the Court granted a post-trial motion for judgment as a matter of law of non-infringement. Following the conclusion of Mr. Saros’ representation, the case continued through multiple Federal Circuit and Supreme Court appeals.
Represented a major supplier of automotive and consumer products in a patent infringement action in the Northern District of California regarding trench metal oxide semiconductor field-effect transistor (MOSFET) technology. Mr. Saros led a joint defense team of all co-defendants in the action and argued on behalf of the joint team at the technology tutorial and claim construction hearings before the Court. Mr. Saros achieved a successful claim construction on the disputed terms, convincing the Court to change its previous construction of a claim term in an earlier case. All claims against the client were dismissed with prejudice after a favorable Markman order.
Represented a leading internet content delivery provider in a patent infringement action in the Eastern District of Virginia involving three patents and more than 150 asserted claims. Mr. Saros defeated one claim before trial, following a dispositive claim construction order. After a three-week trial, a jury found noninfringement of the remaining two patents. On appeal, the Federal Circuit affirmed.

Credentials

Admissions

California, 2000

Education

Loyola Law School, Los Angeles, JD, Order of the Coif; Fritz Burns Scholarship, 2000
Michigan State University, BS, Mechanical Engineering, 1993

Court Admissions

US Court of Appeals, Federal Circuit, 2001
US District Court, Central District of California, 2000
US District Court, Northern District of California, 2000

Service / Recognition

Awards

California Lawyer & Daily Journal, California Lawyer Attorney of the Year (CLAY) Award, 2017
Southern California Super Lawyers, Intellectual Property Litigation, 2011-2018; Rising Star, 2010
Legal 500, Next Generation Lawyer, Trade Secrets Litigation and Non-Contentious Matters, 2021

News and Insights

Publications

A Recent Federal Circuit Decision Has Clouded the District Court’s Gatekeeping Role

The Federal Circuit’s recent decision in Barry v. DePuy Synthes Companies reversed a trial court’s exclusion of two expert witnesses, further blurring the line for practitioners between the court’s gatekeeping role and the jury’s role in assessing the weight of the evidence and the credibility of witnesses. The Barry decision split the court 2–1, with Judge Stark authoring the majority opinion and Judge Prost dissenting.

February 2026

Publications

The Federal Circuit Expands Disclaimer of Patent Scope During Prosecution

The Federal Circuit Court of Appeals’ recent decision in Focus Products Group International, LLC v. Kartri Sales Co., Inc., No. 2023-1446 (Fed. Cir. Sept. 30, 2025) reversed summary judgment of infringement on two patents and vacated on a third. The Court held the district court erred in both claim construction and application of its infringement analysis by failing to properly find the patent file history disavowed subject matter relied upon to find infringement. The disavowal was critical beca

October 2025

Publications

Two Federal Circuit Decisions Nullify Nine-Figure Damages Awards

In two June 2025 decisions, the Federal Circuit Court of Appeals rejected patent infringement jury verdicts for $218.5 million and $300 million—one reversed for claiming patent ineligible subject matter, and the other vacated due to an improper question on the jury verdict form for infringement.

July 2025

Publications

Inter Partes Review Invalidity Finding Does Not Collaterally Estopell Assertion of Unchallenged Claims in Same Patent

In a February 10, 2025 order, the Federal Circuit Court of Appeals rejected the application of the collateral estoppel doctrine to patent claims asserted in a district court infringement action where other claims in the same patent were found invalid in an inter partes review (IPR) proceeding.

April 2025

Publications

PREVAIL Act Advances to the Senate: Potential Implications for Patent Challenges

On November 21, 2024, the Senate Judiciary Committee voted by a narrow 11–10 margin to advance the PREVAIL Act to the Senate for consideration. The PREVAIL Act, or the Promoting and Respecting Economically Vital American Innovation Leadership Act, aims to reform rules and procedures at the Patent Trial and Appeal Board (PTAB) to limit Inter Partes Review and other procedures to challenge patents.

January 2025

Publications

The Safe Harbor Provision in §271(e)(1) Protects Acts of Infringement Connected to Submissions of Data to Federal Agencies

A split Federal Circuit panel recently held that the safe harbor provision of 35 U.S.C. §271(e)(1) providing a defense to infringement applies if the allegedly infringing activity is “reasonably related to submitting information” to the US Food and Drug Administration (“FDA”). Edwards Lifesciences Corp. v. Meril Life Sciences Ltd. (Fed. Cir. March 25, 2024). But as noted by the strongly worded dissent, §271(e)(1) requires that the provision applies “solely for uses reasonably related to the deve

May 2024

Publications

IBM No Longer Tops in Annual U.S. Patents Issued

For the first time in decades, IBM lost its top spot in total number of utility patents granted by the U.S. Patent & Trademark Office for 2022, with an almost 50% decline from last year. Samsung Inc. is now the world leader with 8,513 issued U.S. Patents in 2022. IBM slipped down into second place with 4,329 issued patents. IBM had held the top spot for last 29 straight years and reportedly generating more than $27 billion in IP income since 1996. A shift after three decades of prominence has su

February 2023

Recognition

Legal 500 United States Recognizes Jenner & Block in 24 National Practice Categories and Names 90 Lawyers among Its Leading Lawyers, Next Generation Partners, and Hall Of Famers

The 2021 edition of The Legal 500 United States recognizes Jenner & Block in 24 national practice categories. Of those, the firm received a Tier-1 ranking in the Copyright, Native American Law, and Telecoms and Broadcast (Regulatory) categories.

June 17, 2021

Publications

Trade Secret Update: Key Developments and Issues to Watch in Trade Secret Law | Spring 2021 Update

This third edition of the Trade Secret Update addresses developments in US trade secret law, discusses some of the most significant criminal and civil trade secret actions, and highlights particular interpretations of the Defend Trade Secrets Act (DTSA) and its effect on trade secret litigation since it took effect five years ago. The Update addresses notable recent trade secret civil decisions, developments in the inevitable disclosure doctrine, what constitutes ownership of a trade secret to

March 24, 2021

Publications

Client Alert: In re Adobe: Federal Circuit Directs Transfer of Patent Suit from Western District of Texas

On July 28, the US Court of Appeals for the Federal Circuit granted a writ of mandamus and directed transfer of venue from the Western District of Texas, which is believed to be the first time the Federal Circuit addressed venue issues from that district. In recent years, the Western District has become a hotspot for new patent case filings where transfer requests have been routinely denied. The Federal Circuit’s order sends a clear message that its courts must give “proper weight to the conveni

July 29, 2020

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