Representing both patent holders and accused infringers, our patent litigators bring a trial-centric approach focused on developing a litigation strategy and winning narrative from the outset. Our litigation teams are supported by patent prosecutors who have prepared thousands of patents worldwide.
Venable's patent litigators are trial lawyers who represent clients in complex, high-stakes patent disputes involving technologies, products, and innovations that are critical to their businesses. We are skilled at mastering complex technologies and presenting them in a clear, compelling way to judges, juries, arbitrators, administrative tribunals, and appellate courts.
Our team has a long record of achieving outstanding results for clients in federal courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB), and on appeal before the U.S. Court of Appeals for the Federal Circuit. We handle disputes across industries—from technology and life sciences to consumer products and manufacturing—regularly representing clients in telecommunications, electronics, pharmaceuticals and biotechnology, and other innovation-driven sectors.
We also have deep experience in the higher education space, representing universities and research institutions as both plaintiffs and defendants, and working closely with technology transfer offices to protect and monetize valuable intellectual property (IP).
Venable's patent litigation practice combines seasoned trial lawyers, technically trained IP litigators, and attorneys with deep scientific and engineering backgrounds. Our team includes former U.S. Patent and Trademark Office (USPTO) patent examiners and federal circuit clerks. This collective experience means we are equally adept at enforcing patent rights and defending against patent infringement claims, and we can quickly grasp the technology at issue and build effective litigation strategies around it. We have both the experience and resources to handle matters ranging from focused competitor disputes to bet-the-company litigation.
Trial-Focused Strategy, Client-Centered Advocacy
Whether a client is involved in Hatch-Waxman litigation, asserting or defending a trade secret, or taking on non-practicing entities (NPEs), we approach patent litigation with the endgame in mind. From the earliest stages of a matter, we work with clients to identify the claims, defenses, technical issues, damages theories, and business objectives that will drive the case.
Clients turn to us for practical, business-focused litigation strategies. In some cases, that means preparing aggressively for trial. In others, it means using early case assessment, venue strategy, PTAB proceedings, licensing considerations, mediation, or targeted motion practice to reduce risk and achieve a favorable business resolution. We understand that patent disputes are not only legal matters—they are business matters. Our clients rely on us to protect core products, defend market position, manage litigation risk, preserve business relationships, and pursue outcomes that align with their commercial objectives.
Experience in Key Patent Venues
Venable's team has a proven track trying cases in all of the country's major patent venues, including in the Eastern and Western Districts of Texas, the District of Delaware, the District of New Jersey, and the International Trade Commission, among many others.
We also have extensive experience handling inter partes reviews, reexaminations and other post-grant proceedings before the U.S. Patent and Trademark Office and have recorded numerous wins in precedential appeals before the Federal Circuit and other courts of appeals.
PTAB, Inter Partes Review (IPR), and Post-Grant Review
Venable's patent litigators have substantial experience before PTAB in IPR, post-grant review (PGR), and covered business method (CBM) proceedings. Whether challenging a competitor's patent or defending a client's IP against administrative attacks, we develop coordinated strategies that account for parallel district court litigation, settlement dynamics, and estoppel considerations.
ITC Section 337 Investigations
We appreciate that ITC investigations offer patent holders a powerful enforcement tool with expedited timelines and the potential for exclusion orders that bar infringing products from entering the United States. Our litigators have experience navigating the ITC's unique procedural requirements, coordinating parallel proceedings in district court, and addressing the domestic industry and public interest considerations that are central to ITC practice.
Standard-Essential Patents (SEPs) and Fair, Reasonable, and Non-discriminatory (FRAND) Licensing
Our team advises clients on disputes involving SEPs and FRAND licensing obligations. These matters require a nuanced understanding of patent law, antitrust principles, and the complex licensing frameworks that govern industry standards. We represent both patent holders seeking fair compensation for their contributions to industry standards and implementers facing demands from SEP owners.
Non-Practicing Entity (NPE) Defense
Venable has wide-ranging experience defending operating companies against claims brought by NPEs and patent assertion entities. We understand the business models and litigation tactics employed by patent monetization firms and develop defense strategies designed to achieve efficient resolutions. Our approach combines aggressive early case assessment, targeted invalidity and non-infringement challenges, PTAB petitions, and joint defense coordination to minimize disruption and cost to our clients' businesses.
Broad Technical and Industry Experience
Our patent litigation matters span a wide range of industries and technologies. In the life sciences sector, we handle disputes involving biotechnology, pharmaceuticals, medical devices, diagnostics, cell and gene therapy, chemistry, materials science, nutraceuticals, dietary supplements, and animal health. In the technology sector, we represent clients in software and computer systems, telecommunications, electronics and microprocessors, automotive technologies, entertainment and financial technologies, and manufacturing processes. We also have significant experience with consumer products across multiple industries.