Intellectual Property

We have represented clients in some of the most important intellectual property disputes. Such cases include:

  • A & M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001).
    We served as co-counsel to the Recording Industry Association of America in its copyright infringement suit against Napster. The Ninth Circuit upheld a preliminary injunction based on our clients’ claims of vicarious and contributory copyright infringement.
  • Eli Lilly and Company v. Barr Laboratories, Inc., Nos. 00-1262, 00-1263, 00-1264 & 00-1303 (Fed. Cir. 2000).
    We represented Eli Lilly in its effort to retain its patent on the drug Prozac, one of the largest-selling drugs in the nation. A panel of the United States Court of Appeals for the Federal Circuit held that patent invalid. We were retained to assist in seeking rehearing before the full en banc court. After receiving our petition, the panel vacated its prior decision and issued another opinion. During the year-long period in which the Federal Circuit deliberated, Eli Lilly’s patent remained in place.

We have also prepared extensive analyses of legislative efforts to encroach upon the intellectual property of pharmaceutical companies and the music industry. These white papers have focused on the validity of such efforts under the Takings Clause of the Fifth Amendment.

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