Partners: Paul A. Bondor, John M. Desmarais, Andrew G. Heinz, Jon T. Hohenthaner, Alan S. Kellman, Jonas R. McDavit, Ameet A. Modi, Karim Z. Oussayef, Tamir Packin, Michael P. Stadnick, Justin P.D. Wilcox
Number of lawyers: 43
Desmarais LLP is a trial boutique focused exclusively 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.
Desmarais LLP represents a diverse set of clients, including 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.
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. Desmarais LLP's attorneys have successfully tried cases before juries and judges throughout the country, as well as before administrative bodies (including the 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 have been consistently recognized in industry publications as leaders in its areas of practice, and virtually all are technically trained, with degrees in engineering or the sciences. In addition, the firm boasts an unusually deep bench of lawyers with actual, real-world jury trial experience, particularly in the nation's busiest districts for patent litigation. Whether for jury trial, bench trial, or appellate argument, in whatever jurisdiction, Desmarais LLP's focused approach will bring a lean team of experienced and creative professionals dedicated to achieving their client's business goals.
Although the firm's cases span a wide range of subjects, Desmarais LLP's practice centers on technology-related disputes. Its lawyers have achieved successful trial results for firm clients–both plaintiffs and defendants–in dozens of patent infringement cases, concerning technologies as diverse 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 in various subject matters, 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 also successfully litigated, for both plaintiffs and defendants, a wide variety of other types 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 intellectual property areas. For example, its attorneys have successfully conducted trials and appeals in high profile trademark, trade dress, and counterfeiting matters.
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 more nearly 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 tailored to meet the needs of its clients and the case.
- In re Certain Electronic Devices (ITC, September 2013): After five-day trial, won initial determination on behalf of Nokia that HTC infringed two patents and secured a recommended limited exclusion order barring HTC smartphones from entering the country.
- VirnetX, Inc. et al. v. Cisco Systems, Inc. (Tyler, Texas, March 2013): For client Cisco, the Firm won a complete defense jury verdict of non-infringement on four VirnetX patents related to virtual private networks. Although plaintiff VirnetX previously won jury verdicts of $368 million against Apple, and $108 million against Microsoft, the jury rejected VirnetX's $258 million damages claim against Cisco, as well as VirnetX's claim of willful infringement.
- LifeCell Corp. v. TELA Bio, Inc. et al., (Sup. Ct. N.J., May 2015): In a trade secret and unfair competition case for client LifeCell, the firm obtained a TRO and a preliminary injunction prohibiting sales of TELA Bio's hernia mesh product TELAMax, TELA Bio's recruitment of LifeCell employees, and destruction of evidence.
- Enzo Life Sciences, Inc. v. Affymetrix, Inc., (Delaware, July 2015-July 2016) and related cases: In coordinated, industry-wide patent infringement litigations concerning nucleic acid labeling and detection technologies on behalf of client Enzo Life Sciences, obtained settlements and associated licenses with payments to Enzo totaling over $90M.
- Intellectual Ventures I LLC et al. v. Toshiba Corp. et al. (Delaware, February 2017): In a patent infringement case brought by client Intellectual Ventures involving Toshiba consumer electronic products, won jury verdict of patent infringement.
Acelity, Bonitti Skeletal, Boston Scientific, Cisco, Enzo Biochem, GlaxoSmithKline, IBM, Intellectual Ventures, Nokia, Round Rock Research
Intellectual Property Litigation