Patent Litigation

Patent litigation at Alston & Bird has roots that stretch back more than 90 years. Our litigators have represented clients in both jury and bench trials in the federal and state courts of at least 45 states, in the U.S. Court of Appeals for the Federal Circuit and in the International Trade Commission (ITC). We have obtained nine-figure jury verdicts for plaintiffs and provided robust support to defendants, achieving numerous summary judgment victories. Our group includes more than 45 attorneys registered to practice before the U.S. Patent and Trademark Office, including three Ph.D.s and many more with master’s degrees in scientific and engineering fields. 

Our group has specialists in many areas, including biochemistry, pharmaceuticals, chemistry, electrical engineering, mechanical engineering, chemical engineering, genetics, medical and biomedical products, telecommunications, computer software and business methods. Our lawyers handle patent cases of all types and sizes. Whether we are protecting a maturing company’s latest innovations, representing multiple defendants against infringement charges by a nonpracticing entity or undertaking high-stakes, mission-critical patent litigation, our team is prepared to serve you.

• Defended a multinational telecommunications company and a leading wireless network operator against claims of infringement on three patents related to base station and beam forming technology. The plaintiff asked for damages of approximately $300 million, but the East Texas jury found our clients did not infringe the patents at issue and therefore had $0 liability. (E.D. Tex.)
• Led a multinational telecommunications corporation and its licensing subsidiary against Amazon and HP Inc. in a pair of actions involving video coding standards, including H.264, H.265, and AV1. Early settlement was achieved with HP, and in a preliminary determination by the administrative law judge (ALJ), Amazon was found to have infringed four of five patents asserted. The ALJ separately recommended that the ITC issue an exclusion order against Amazon products that infringed our client’s essential video coding patents. (ITC)
• Defending five of the world’s leading telecommunications corporations against a series of cases filed by Pegasus Wireless Innovation asserting infringement of 11 patents related to 4G/LTE and 5G wireless technologies. Pretrial conference is set for August 2025. (E.D. Tex.)
• Defended the U.S. arm of a Finnish telecommunications giant against allegations that its router products infringed four patents owned by Smart Path Communications. The jury cleared our client of all claims of infringement, finding one patent not infringed, one patent invalid, and one patent invalid and not infringed. The court held a fourth asserted patent not infringed and granted summary judgment before the trial. (E.D. Tex.)
• Defended the U.S. arm of a Finnish telecommunications giant against allegations that its router products infringed three patents owned by Correct Transmission. The jury cleared our client of all claims of infringement, finding that all three asserted patents were not infringed. After a brief deliberation, the verdict secured a complete victory for our client. (E.D. Tex.)