Four Decades for Justice
Widely recognized as a leader in intellectual property litigation, Cravath has handled challenging intellectual property disputes for generations, often involving our clients’ most valuable and complex technologies and products. Today, our expertise covers the entire innovation marketplace, spanning the pharmaceutical, biotechnology, consumer products, technology and industrial sectors, among others. In a quickly advancing intellectual property landscape, Cravath’s litigators devise effective solutions to complex problems by combining “incredible intellectual horsepower, diligence, exceptional teamwork and dedication.” (IAM Patent 1000)
Clients ranging from innovative start-ups to major global companies regularly call on Cravath to lead intellectual property matters of the highest complexity and business significance. Our attorneys bring to the table not only “incredible IP and policy knowledge,” but also outside‑the‑box thinking, courtroom credibility and masterful trial advocacy in all aspects of high‑stakes intellectual property litigation. (Chambers USA) Cravath’s litigators are adept at handling a wide variety of disputes involving patents, copyrights, trade secrets and trademarks, as well as the commercial litigation that frequently arises from these matters, such as antitrust and breach of license claims. We bring to each case a trial lawyer’s courtroom perspective and deep trial experience, which distinguishes us from many firms that may be intellectual property specialists but do not try cases on a regular basis.
Our team also supervises and coordinates intellectual property disputes that span the globe and regularly advises on national and worldwide intellectual property strategy, earning praise for our “ability to orchestrate litigation pretty much anywhere in the world.” (Chambers USA)
Cravath has handled patent litigation since the nineteenth century, and we continue to be at the forefront of the field, tackling today’s most “brain‑bendingly complex must‑win company suits.” (IAM Patent 1000) We regularly work with cutting‑edge pharmaceutical, medical device and technology companies in highly contested patent litigation that goes to the heart of our clients’ businesses. Notably, we have significant experience taking patent cases to trial, particularly in the biotechnology area, and litigated one of the first cases to proceed under the Biologics Price Competition and Innovation Act.
Cravath has received first‑tier rankings in patent litigation in the Best Lawyers survey of the best law firms in the United States, has been recognized for patent litigation by LMG Life Sciences and Intellectual Asset Management, and was named among Patexia Insight’s Top Inter Partes Review Firms of 2022. The Legal 500 US has credited the Firm’s “superb trial lawyers with a long track record in dealing with complex patent litigation,” and noted that “when stakes are high in a patent case, Cravath is the team to engage.”
Cravath has extensive experience representing content owners, content distributors and others in prosecuting and defending copyright infringement claims. Notably, we recently secured a precedential Ninth Circuit decision affirming that the Copyright Act does not impose a time‑based bar on damages for copyright infringement claims separate from the three-year statute of limitations. In addition to our active litigation practice, we routinely advise clients on a variety of copyright issues, including related to the Digital Millennium Copyright Act, renewal rights issues, digital media and other new and emerging technologies. We also regularly advise on potential copyright and other contractual issues in programming, recording and publishing contracts.
The breadth and depth of Cravath’s litigation expertise is invaluable in prosecuting (or defending) claims involving trade secrets. The Legal 500 US noted Cravath’s particular strength “in bringing complex, high‑value trade secret disputes to trial on behalf of plaintiffs in the insurance, finance and technology sectors, and defending them against claims,” as well as the Firm’s “considerable track record advising various parties on strategies to avoid trade secrets disputes.” Cravath also possesses substantial experience in investigating potential or suspected misuse or misappropriation of trade secrets. The Firm frequently advises clients on methods of protecting proprietary information, including confidentiality and noncompetition agreements with employees, and conducts due diligence with respect to unpatented proprietary information in connection with mergers and acquisitions and other transactions.
Cravath advises and represents clients on a wide range of issues arising under the trademark laws. We have defended clients against allegations of trademark infringement and trademark dilution, as well as against related claims of unfair competition and breach of trademark licensing agreements. We also have brought claims and counterclaims to enforce important trademark rights.
Named New York Law Journal’s “Litigation Department of the Year” in 2022 and 2019 and a Law360 Firm of the Year in 2021, Cravath’s IP team has been ranked as a leading or top tier firm in the intellectual property space by Benchmark Litigation, Chambers USA, Chambers Global, Intellectual Asset Management, LMG Life Sciences, The Legal 500 US and Best Lawyers Best Law Firms. In addition, we have earned repeated praise from clients and the market, including:
Clients ranging from innovative start-ups to major global companies regularly call on Cravath to lead intellectual property matters of the highest complexity and business significance. Our attorneys bring to the table not only “incredible IP and policy knowledge,” but also outside‑the‑box thinking, courtroom credibility and masterful trial advocacy in all aspects of high‑stakes intellectual property litigation. (Chambers USA) Cravath’s litigators are adept at handling a wide variety of disputes involving patents, copyrights, trade secrets and trademarks, as well as the commercial litigation that frequently arises from these matters, such as antitrust and breach of license claims. We bring to each case a trial lawyer’s courtroom perspective and deep trial experience, which distinguishes us from many firms that may be intellectual property specialists but do not try cases on a regular basis.
Our team also supervises and coordinates intellectual property disputes that span the globe and regularly advises on national and worldwide intellectual property strategy, earning praise for our “ability to orchestrate litigation pretty much anywhere in the world.” (Chambers USA)
Cravath has handled patent litigation since the nineteenth century, and we continue to be at the forefront of the field, tackling today’s most “brain‑bendingly complex must‑win company suits.” (IAM Patent 1000) We regularly work with cutting‑edge pharmaceutical, medical device and technology companies in highly contested patent litigation that goes to the heart of our clients’ businesses. Notably, we have significant experience taking patent cases to trial, particularly in the biotechnology area, and litigated one of the first cases to proceed under the Biologics Price Competition and Innovation Act.
Cravath has received first‑tier rankings in patent litigation in the Best Lawyers survey of the best law firms in the United States, has been recognized for patent litigation by LMG Life Sciences and Intellectual Asset Management, and was named among Patexia Insight’s Top Inter Partes Review Firms of 2022. The Legal 500 US has credited the Firm’s “superb trial lawyers with a long track record in dealing with complex patent litigation,” and noted that “when stakes are high in a patent case, Cravath is the team to engage.”
Cravath has extensive experience representing content owners, content distributors and others in prosecuting and defending copyright infringement claims. Notably, we recently secured a precedential Ninth Circuit decision affirming that the Copyright Act does not impose a time‑based bar on damages for copyright infringement claims separate from the three-year statute of limitations. In addition to our active litigation practice, we routinely advise clients on a variety of copyright issues, including related to the Digital Millennium Copyright Act, renewal rights issues, digital media and other new and emerging technologies. We also regularly advise on potential copyright and other contractual issues in programming, recording and publishing contracts.
The breadth and depth of Cravath’s litigation expertise is invaluable in prosecuting (or defending) claims involving trade secrets. The Legal 500 US noted Cravath’s particular strength “in bringing complex, high‑value trade secret disputes to trial on behalf of plaintiffs in the insurance, finance and technology sectors, and defending them against claims,” as well as the Firm’s “considerable track record advising various parties on strategies to avoid trade secrets disputes.” Cravath also possesses substantial experience in investigating potential or suspected misuse or misappropriation of trade secrets. The Firm frequently advises clients on methods of protecting proprietary information, including confidentiality and noncompetition agreements with employees, and conducts due diligence with respect to unpatented proprietary information in connection with mergers and acquisitions and other transactions.
Cravath advises and represents clients on a wide range of issues arising under the trademark laws. We have defended clients against allegations of trademark infringement and trademark dilution, as well as against related claims of unfair competition and breach of trademark licensing agreements. We also have brought claims and counterclaims to enforce important trademark rights.
Named New York Law Journal’s “Litigation Department of the Year” in 2022 and 2019 and a Law360 Firm of the Year in 2021, Cravath’s IP team has been ranked as a leading or top tier firm in the intellectual property space by Benchmark Litigation, Chambers USA, Chambers Global, Intellectual Asset Management, LMG Life Sciences, The Legal 500 US and Best Lawyers Best Law Firms. In addition, we have earned repeated praise from clients and the market, including:
Deals & Cases
January 29, 2024
On January 25, 2024, the U.S. District Court for the Southern District of New York entered judgments against appropriation artist Richard Prince and his co‑defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery.
Deals & Cases
October 09, 2023
On September 22, 2023, the U.S. District Court for the District of Massachusetts ruled in favor of Cravath clients Abiomed, Inc. and Abiomed Europe GmbH (together, “Abiomed”), denying a motion to dismiss litigation brought by Abiomed against German defendants Enmodes GmbH and its CEO Tim Kaufmann.
Deals & Cases
May 19, 2023
On May 11, 2023, the U.S. District Court for the Southern District of New York denied summary judgment to appropriation artist Richard Prince and his associated galleries in two copyright infringement cases brought by Cravath clients, the photographers Donald Graham and Eric McNatt, regarding works from Prince’s “New Portraits” series.
Deals & Cases
January 31, 2023
In January, 2023, Cravath client Abiomed Inc. (“Abiomed”) secured a victory before the U.S. Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”).
Deals & Cases
November 07, 2022
On October 26, 2022, the U.S. District Court for the Central District of California granted Cravath’s motion to dismiss all counterclaims against Cravath client Word Collections, a professional rights organization working with comedians to procure licenses and royalties for the copyrights to the literary works underlying their comedy recordings.
Accolades
March 28, 2024
On March 26, 2024, Cravath partner David R. Marriott was named to Forbes’s 2024 list of “America’s Top 200 Lawyers.” The inaugural list recognized “the finest practitioners in the profession—lawyers with stellar track records in their specialties, those who have broken barriers to emerge as leaders in their fields, and attorneys most respected by peers and clients.” Dave’s accompanying profile highlighted his experience as a “courtroom heavyweight” and his representation of clients including AT&T, Avon Products, Bank of America, Bristol‑Myers Squibb, Colgate‑Palmolive and Delta Airlines. In particular, the publication noted Dave’s achievement of “setting precedent in antitrust and intellectual property law.”
Activities & Publications
February 08, 2024
On February 5, 2024, The Am Law Litigation Daily interviewed Cravath partner David R. Marriot in connection with his representation of photographers Donald Graham and Eric McNatt in winning judgments against appropriation artist Richard Prince and his co defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery, in a case at the intersection of art, technology and copyright law.
Activities & Publications
February 08, 2024
On February 5, 2024, World Intellectual Property Review interviewed Cravath partner David R. Marriott in connection with his representation of photographers Donald Graham and Eric McNatt in winning judgments against appropriation artist Richard Prince and his co defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery, in a case with important implications for copyright law and its application to art and technology.
Accolades
December 07, 2023
On December 4, 2023, The American Lawyer profiled Cravath’s litigation department in connection with its recognition as a finalist for the publication’s biennial “Litigation Department of the Year” award. The feature, entitled “Busier Than Ever: How Cravath’s Litigation Team Has Grown Into an Industry Powerhouse,” noted that “Cravath’s litigators have consistently landed on some of the country’s most high‑profile cases with the most at stake” over the past two years and praised the department as “at the ready to handle any complex, pivotal case that comes its way.” Speaking to the publication, partner Kevin J. Orsini discussed the breadth of the Firm’s recent successes, including representing Tesla CEO Elon Musk at trial to defeat a $13 billion derivative suit concerning Tesla’s SolarCity acquisition; Illumina and Louis Dreyfus Company each in separate trial wins against the government in respective FTC and DOJ antitrust merger challenges; Starz in a precedent-setting Ninth Circuit win against MGM; and Blue Cross Blue Shield in securing a summary judgment victory within one of the largest class actions in the country. Kevin also discussed the Firm’s commitment to “collaboration and connectivity” in its partnership, as well as the department’s unique ability to “handle a wide range of subject matters” in an era of increasing specialization.
Activities & Publications
November 06, 2023
On October 26, 2023, Cravath and Bredin Prat hosted a seminar in Paris entitled “Life Sciences and Artificial Intelligence, French and U.S. Legal Perspectives.” During the seminar, Cravath partners Keith R. Hummel and David J. Kappos and representatives from Bredin Prat discussed artificial intelligence issues applicable to the life sciences industry from U.S. and French perspectives.
Deals & Cases
January 29, 2024
On January 25, 2024, the U.S. District Court for the Southern District of New York entered judgments against appropriation artist Richard Prince and his co‑defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery.
Deals & Cases
October 09, 2023
On September 22, 2023, the U.S. District Court for the District of Massachusetts ruled in favor of Cravath clients Abiomed, Inc. and Abiomed Europe GmbH (together, “Abiomed”), denying a motion to dismiss litigation brought by Abiomed against German defendants Enmodes GmbH and its CEO Tim Kaufmann.
Deals & Cases
May 19, 2023
On May 11, 2023, the U.S. District Court for the Southern District of New York denied summary judgment to appropriation artist Richard Prince and his associated galleries in two copyright infringement cases brought by Cravath clients, the photographers Donald Graham and Eric McNatt, regarding works from Prince’s “New Portraits” series.
Deals & Cases
January 31, 2023
In January, 2023, Cravath client Abiomed Inc. (“Abiomed”) secured a victory before the U.S. Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”).
Deals & Cases
November 07, 2022
On October 26, 2022, the U.S. District Court for the Central District of California granted Cravath’s motion to dismiss all counterclaims against Cravath client Word Collections, a professional rights organization working with comedians to procure licenses and royalties for the copyrights to the literary works underlying their comedy recordings.
Accolades
March 28, 2024
On March 26, 2024, Cravath partner David R. Marriott was named to Forbes’s 2024 list of “America’s Top 200 Lawyers.” The inaugural list recognized “the finest practitioners in the profession—lawyers with stellar track records in their specialties, those who have broken barriers to emerge as leaders in their fields, and attorneys most respected by peers and clients.” Dave’s accompanying profile highlighted his experience as a “courtroom heavyweight” and his representation of clients including AT&T, Avon Products, Bank of America, Bristol‑Myers Squibb, Colgate‑Palmolive and Delta Airlines. In particular, the publication noted Dave’s achievement of “setting precedent in antitrust and intellectual property law.”
Activities & Publications
February 08, 2024
On February 5, 2024, The Am Law Litigation Daily interviewed Cravath partner David R. Marriot in connection with his representation of photographers Donald Graham and Eric McNatt in winning judgments against appropriation artist Richard Prince and his co defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery, in a case at the intersection of art, technology and copyright law.
Activities & Publications
February 08, 2024
On February 5, 2024, World Intellectual Property Review interviewed Cravath partner David R. Marriott in connection with his representation of photographers Donald Graham and Eric McNatt in winning judgments against appropriation artist Richard Prince and his co defendants Laurence Gagosian, Gagosian Gallery and Blum & Poe gallery, in a case with important implications for copyright law and its application to art and technology.
Accolades
December 07, 2023
On December 4, 2023, The American Lawyer profiled Cravath’s litigation department in connection with its recognition as a finalist for the publication’s biennial “Litigation Department of the Year” award. The feature, entitled “Busier Than Ever: How Cravath’s Litigation Team Has Grown Into an Industry Powerhouse,” noted that “Cravath’s litigators have consistently landed on some of the country’s most high‑profile cases with the most at stake” over the past two years and praised the department as “at the ready to handle any complex, pivotal case that comes its way.” Speaking to the publication, partner Kevin J. Orsini discussed the breadth of the Firm’s recent successes, including representing Tesla CEO Elon Musk at trial to defeat a $13 billion derivative suit concerning Tesla’s SolarCity acquisition; Illumina and Louis Dreyfus Company each in separate trial wins against the government in respective FTC and DOJ antitrust merger challenges; Starz in a precedent-setting Ninth Circuit win against MGM; and Blue Cross Blue Shield in securing a summary judgment victory within one of the largest class actions in the country. Kevin also discussed the Firm’s commitment to “collaboration and connectivity” in its partnership, as well as the department’s unique ability to “handle a wide range of subject matters” in an era of increasing specialization.
Activities & Publications
November 06, 2023
On October 26, 2023, Cravath and Bredin Prat hosted a seminar in Paris entitled “Life Sciences and Artificial Intelligence, French and U.S. Legal Perspectives.” During the seminar, Cravath partners Keith R. Hummel and David J. Kappos and representatives from Bredin Prat discussed artificial intelligence issues applicable to the life sciences industry from U.S. and French perspectives.
Celebrating 200 years of partnership. In 2019, we celebrated our bicentennial. Our history mirrors that of our nation. Integral to our story is our culture.
Attorney Advertising. ©2024 Cravath, Swaine & Moore LLP.