King & Spalding offers clients a full-service intellectual property practice that combines proven first-chair trial and business lawyers with true scientific specialists. The firm’s Intellectual Property practice group consists of more than 50 IP professionals located in our Atlanta, Austin, Charlotte, Houston, New York, San Francisco, Silicon Valley and Washington, D.C. offices. Nearly 80% of the IP team’s lawyers, agents and technical advisors hold technical degrees, including many who have previously worked in the field as engineers and scientists, as in-house counsel, as judicial clerks, and as examiners in the U.S. Patent and Trademark Office. (USPTO).
We provide our clients with services across the spectrum of IP work, including:
- Patent litigation before the district courts across the country, appellate courts, and ITC
- Inter partes review and post-grant review proceedings before the PTAB
- Trademark and false advertising litigation
- Copyright, trade secret, non-compete, and domain names
- Media and entertainment law, including both traditional and new media space
- Patent prosecution and strategic counseling in a wide range of technologies and subject matter
- Trademark prosecution and strategic counseling worldwide
- IP government relations with Congress and the Executive Branch
- Recognized as one of the best IP practices in the U.S. in Managing Intellectual Property’s “2014 Managing IP Handbook.” In addition to receiving five national and four state-level practice rankings, eight firm lawyers were recognized as “IP Stars.”
- Received Tier 1 national rankings in U.S. News & World Report’s 2013 “Best Law Firms” survey for copyright law, intellectual property litigation, patent litigation and trademark law.
- Selected by Law360 as “Intellectual Property Practice Group of the Year” in 2013.
- Recognized as a leading practice in Corporate Counsel’s “Who Represents America’s Biggest Companies?” survey of the Fortune 250 (top three national ranking).
- Recognized by IP Law & Business magazine as one of the top patent litigation firms in the country.
- King & Spalding’s Intellectual Property lawyers have been recognized as leading practitioners by publications such as Chambers USA, The Best Lawyers In America, International Who’s Who of Business Lawyers (Patents and Trademarks), and Legal Elite.
King & Spalding believes in combining proven first-chair trial lawyers who are dedicated to patent work with a deep bench of technical specialists. Our patent litigators routinely appear in district courts across the country, including the most popular jurisdictions such as the Eastern District of Texas, the District of Delaware, and the Central and Northern Districts of California. Our group has represented, and continues to represent, some of the largest companies in the world. The majority of our patent professionals have technical degrees in a wide range of disciplines, from high-tech to life sciences to oil and gas, consumer products and many others.
Patent Prosecution, Strategic Counseling and Due Diligence
With expertise in assisting clients from large multinational corporations to startup companies, King & Spalding’s patent prosecution, counseling and due diligence practices focus on creating value in our clients’ patent portfolios. These practices encompass a wide range of technologies and subject matter, including life sciences, computer science, electrical and mechanical engineering, oil and gas, and financial services. Our team has obtained or assisted in the procurement and management of hundreds of U.S. and foreign patents, with particular expertise in managing complex patent portfolios. We also routinely negotiate technology transactions and license agreements, conduct due diligence concerning intellectual property assets in mergers and acquisitions, and provide opinions on intellectual property matters.
Patent Post-Grant Proceedings
King & Spalding’s attorneys have extensive experience in post-grant proceedings. By combining its litigation and U.S. Patent and Trademark Office expertise, our attorneys guide clients through post grant procedures, whether challenging or defending patent validity or strengthening a patent prior to assertion in litigation. We have been involved in various aspects of reexaminations, inter partes review and post grant review proceedings, including filing, strategizing and evaluating likely outcomes of IPRs filed in patents involved in various King & Spalding diligence matters. In addition, our experience in all of these types of challenges to patent validity in the USPTO, along with managing foreign oppositions of patents outside the United States, allows our attorneys to coordinate world-wide patent strategies.
Trademarks, Copyrights and Trade Secrets
From counseling to litigation, lawyers in King & Spalding’s intellectual property group have experience in all aspects of trademark, copyright and trade secret law. Our team has been involved in numerous trials and preliminary injunction hearings; has practiced in the federal courts, the USPTO, Trademark Trial and Appeal Board and the International Trade Commission; and has participated in ICANN domain name arbitrations. In addition to litigation and contested matters, we routinely handle registering and maintaining trademarks, copyright and domain names; providing guidance on Internet and social media policies; licensing and counseling; and conducting due diligence in mergers and acquisitions. Also, our trade secrets and noncompete litigation practice is uniquely composed of a cross-functional group of lawyers with expertise in trade secrets, unfair competition, noncompete agreements, intellectual property and e-discovery laws throughout the United States.
Media and Entertainment
King & Spalding’s media and entertainment practice is at the leading edge of the marriage of digital media and traditional media. Our team has particular experience in litigating copyright infringement and antitrust/rate-setting claims in cases involving the distribution of audio and audiovisual content. Often, these engagements involve the construction and application of provisions of the Digital Millennium Copyright Act (including statutory license and safe harbors thereunder), and federal court/copyright tribunal proceedings in the United States and abroad establishing structures and rates for the exploitation of musical works in both traditional (e.g., cable, satellite and broadcast) and new media distribution environments.
Women in IP
More than 25% of King & Spalding’s intellectual property partners are women. Less than half of the Am Law 50 can say the same, reflecting in part the broader challenge of attracting women to science, technology, engineering and math (STEM)—areas in which men continue to outnumber women. Our women IP partners represent clients across a broad spectrum of work including in litigation, prosecution and strategic counseling, due diligence, licensing and other transactions involving intellectual property. King & Spalding’s women IP partners are part of the growing STEM movement and actively support programs that encourage girls and young women to pursue scientific and technical educations.
King & Spalding is unique in that we have leading practices in the multiple disciplines necessary to litigate Section 337 investigations at the International Trade Commission: broad-based patent litigation experience and technical expertise, extensive hearing experience at the ITC, expertise in international trade and the ITC’s procedures, intellectual property appellate expertise and top-tier governmental relations expertise. Our ITC patent litigation team is particularly deep in electrical, computer and mechanical patent expertise, the areas that comprise the majority of ITC investigations under Section 337.
IP Appellate Practice
King & Spalding has established an excellent reputation for successfully representing clients in major appeals in virtually every litigation forum, including before the U.S. Supreme Court, federal and state trial and appellate courts, government agencies, and national and international arbitration panels. In recent years, our IP practice, as a result of concerted efforts done by our appellate practice to build its team, has established a reputation as a go-to firm for IP appellate work. We represent clients in appeals for cases that we originally tried—often seeking to retain the favorable results garnered by our trial counsel—as well as stepping in as appellate counsel for matters originally tried by other firms. Clients frequently retain our appellate team to handle high-stakes and cutting-edge IP matters before the Court of Appeals for the Federal Circuit and U.S. Supreme Court.
The group has received numerous accolades. Most recently, Legal 500 named King & Spalding the 2015 firm of the year for Supreme Court and Appellate. In 2014, King & Spalding’s appellate practice was selected as “Appellate Practice Group of the Year” by Law360.