Many major pharmaceutical companies are based in New Jersey, and the District Court of New Jersey is thus the leading forum for pharmaceutical patent litigation in the United States. Uniquely, New Jersey’s local patent rules include special provisions to improve the efficiency of Hatch-Waxman case management, as a result of the high volume of such litigation in the market. These rules have served to further the reputation of New Jersey as a go-to forum for patent disputes. Many of the leading national firms are to be found litigating there, alongside a small yet significant local legal market that serves in both local and lead trial counsel roles.
This firm is feted as a “major force in New Jersey IP practice”, boasting one of the largest IP groups in the state. It is highly sought after as co-counsel by major national firms for its prowess in complex, big-ticket patent litigation across a range of sectors and technologies. It is particularly known for its expertise in pharmaceutical patent litigation and has extensive experience in large Hatch-Waxman Act disputes. The core team of Sheila McShane and department chair David DeLorenzi is acclaimed as “absolutely terrific in all respects”.Greenberg Traurig LLP
Greenberg Traurig’s national presence and highly integrated practice set it apart within the New Jersey market. Also distinguishing it from the local competition is the firm’s prominence in patent litigation: lawyers in the group are typically instructed in a lead counsel role, as opposed to co-counsel or local counsel roles. Trial expertise is at the heart of the practice and the firm can handle cases involving virtually any type of technology. Experienced trial attorney Michael Nicodema is the key contact in New Jersey. Clients think extremely highly of him: “He gets us results we cannot get from other attorneys. He is always well prepared, addresses the core issues very well and persuades the court effectively on our behalf.”Lerner David Littenberg Krumholz & Mentlik LLP
This longstanding boutique has always maintained a tremendous reputation both within New Jersey and further afield. It has “handled a lot of high-profile cases over the years and is a force to be reckoned with among New Jersey-based firms”. Although the group’s work is diverse, key areas of strength include electronics and software, medical and mechanical devices and life sciences. The firm’s fantastic reputation for its patent prosecution and licensing practice has informed its approach to litigation: it is adept at finding business solutions in the early stages of the process. However, when matters do proceed to trial, the team can offer the experience and expertise that clients demand. Managing partner William Mentlik “connects well with the judge and jury and tells a good story”. He focuses on complex patent litigation, particularly within the pharmaceutical sector, under the Hatch-Waxman Act.Lowenstein Sandler PC
Lowenstein Sandler is a highly regarded fullservice outfit with offices in New Jersey, New York and Palo Alto. Though perhaps better known for its patent prosecution and transactional practice, the firm has an “excellent general litigation group”. It carries its impressive commercial contentious skill sets over into the IP sphere in order to handle complex, high-level patent litigation. Versatility is a strength – cases handled by the group originate from many different industry sectors and involve a wide variety of technologies. Lead contacts include practice head David Harris and co-chair of IP litigation Mark Kesslen.McCarter & English LLP
This firm is one of the biggest players in the New Jersey market and maintains an impressively broad IP practice, of which patent litigation is an important component. The firm is primarily recognised for its expertise in the pharmaceutical sector; “when it comes to litigation under the Hatch-Waxman Act, it is also extremely capable”. Additionally, it has extensive courtroom experience in many other areas of technology and is recommended in both lead and local counsel roles. The firm has a number of offices in the region that contribute to its patent litigation practice.