We are trial lawyers trusted worldwide to handle our clients’ most complex, high-stakes patent, trade secret, copyright, and trademark disputes. 

Drawing on deep technical knowledge, industry insight, and proven courtroom excellence, we litigate across every forum and jurisdiction, including federal and state courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB), to protect our clients’ intellectual property, preserve value, and win precedent-setting victories.

Our trial-first approach sets us apart. We prepare every case for the courtroom, combining aggressive strategy with meticulous preparation to secure favorable outcomes in our clients’ most critical IP disputes. We can tailor our teams to match our specific capabilities with each client’s needs. We can also address any combination of IP and related antitrust, contract, and unfair business practices claims.

Industry leaders in technology and beyond rely on our decades of trial experience and technical fluency across semiconductors, AI, software, arts, entertainment, media, and life sciences. Chambers USA notes, “The team is smart, very reliable, and expert at the ITC.” Adversaries know we win the most complex and high-profile IP matters, and our appearance on the docket signals to opposing counsel that our client is willing to take the case to trial to win. With scores of jury and bench trials behind us, we have built a standout record in bet-the-company matters on both the offensive and defensive.

Patent

District Court

Our Intellectual Property Litigation group brings decades of experience and a proven track record to high-stakes patent, trade secret, and copyright disputes in federal district courts nationwide. Our attorneys are seasoned trial lawyers who have tried dozens of IP cases to verdict across the country. We don’t just prepare for trial; we regularly take cases to juries and judges, giving us invaluable courtroom experience that informs every strategic decision from case inception through final judgment. Combining technical expertise with courtroom excellence, we secure favorable verdicts, judgments, and settlements in the nation’s most active patent venues, including the District of Delaware, the Eastern District of Texas, the Eastern District of Virginia, the Northern District of California, and the Southern District of New York. We represent industry leaders, innovative startups, and Fortune 500 companies in complex IP litigation across diverse technologies, including telecommunications, software, semiconductors, consumer electronics, artificial intelligence, pharmaceuticals, biotechnology, and medical devices.

International Trade Commission (ITC)

Cleary’s ITC team brings its vast experience to bear to try cases and win them in bet-the-company disputes in the ITC and before the U.S. Customs and Border Protection (CBP). Cleary’s ITC team has represented both complainants and respondents in dozens of trials in the ITC involving patents and trade secrets and all manner of high-tech subject matter. The team, which includes former Chambers recognized and former ITC personnel, leverages its trial experience and knowledge of the ITC’s fast and demanding processes to manage economically the immense demands of ITC discovery, delivering value and victories in these complex and consequential cases. 

Our team also knows that an ITC case is not complete when the ITC has finished its work and has gained has industry-leading experience and success in post-remedy proceedings regarding redesigned products before CBP. No ITC team has more experience or a better record in these CBP actions.

Patent Trial and Appeal Board (PTAB)

Cleary’s PTAB practice stands at the forefront of post-grant patent proceedings, combining deep technical experience with a proven track record of success. Our attorneys have represented clients in hundreds of PTAB cases, advocating effectively for both petitioners and patent owners in inter partes reviews and post-grant reviews. This dual-sided experience provides our clients with invaluable strategic insights, enabling us to anticipate opposing arguments and craft winning strategies regardless of which side of the proceeding we represent. We also take pride in crafting holistic solutions for our clients: fashioning PTAB strategies that are harmonized with district court or ITC strategies and further the clients’ overall goals. Our team’s technical proficiency spans critical high-tech sectors including semiconductors, AI, wireless communication, video streaming, and cloud computing—industries where patent disputes can determine market leadership and shape technological innovation.

Cleary’s PTAB attorneys have achieved remarkable results for their clients. Our team secured a rare Director Review that vacated two institution decisions on behalf of a patent owner. The Director designated her decision as informative, underscoring its significance for future PTAB proceedings. This exceptional outcome demonstrates our ability to navigate the most complex procedural and substantive issues at the highest levels of patent adjudication.

Three Cleary attorneys were ranked among the best performing and most active PTAB practitioners in Patexia’s 2025 PTAB Intelligence Report, a testament to both the quality and volume of our work in this specialized forum. Notably, Steven Peters achieved exceptional rankings as the 7th best performing attorney for patent owners and 12th best performing overall out of more than 5,700 attorneys nationwide. Clem Naples and Giri Pathmanaban also ranked extremely high in Patexia’s ranking. These accolades, combined with our team’s extensive experience and technical depth, position Cleary as the go-to firm for clients facing high-stakes PTAB proceedings. 

Trade Secrets Disputes and Counseling

Our trade secrets practice combines elite trial practice, deep technical expertise, and a cross-disciplinary approach. We represent plaintiffs and defendants in their highest-stakes trade secret litigations in district courts across the country and the International Trade Commission. Many of our matters are global in scope, involving parallel proceedings in multiple countries. Our team successfully litigated what the media has described as “one of the most complex trade secret battles in the semiconductor industry,” involving some of the world’s most advanced semiconductor technologies.

Our team draws from our complementary strengths in intellectual property, white collar and investigations, and complex commercial litigation to provide counseling, investigations, and global litigation capabilities to our clients. Many of our lawyers hold technical degrees, including PhDs in electrical engineering and physics. In addition, our trial-ready team includes former U.S. Attorneys who previously prosecuted criminal trade secret cases at the highest-levels of government.

Notable Experience (Includes matters handled by current Cleary attorneys while at other firms)

District Court

  • Magna Mirrors of America v. SMR, W.D. Mich.: Represented SMR in a competitor patent infringement action; secured complete jury verdict of non-infringement and invalidity.

  • Oasis Tooling v. GlobalFoundries, D. Del.: Represented GlobalFoundries in a defensive two-patent case; secured summary judgment victory.

  • Samsung v. NVIDIA, E.D. Va.: Represented Nvidia in a defensive three-patent case; secured jury trial win.  During trial, the cross-examination of a technical expert revealed that the expert failed to disclose certain relevant technical materials, resulting in the court declaring a mistrial for two of three patents asserted against Nvidia, and the jury returned a verdict of non-infringement on the third patent.

  • RJ Reynolds v. Philip Morris, E.D. Va: Represented Philip Morris in a two-patent offensive case involving vaporizer technology; secured jury trial win.

  • Baker v. Alpha Consolidated Holdings & Illinois Tool Works, D. Del.: Represented both defendants in a patent infringement case; secured summary judgment of non-infringement.

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International Trade Commission (ITC)

  • Certain Liquid Crystal Display Devices, ITC Inv. No. 337-TA-741/749: Represented AUO in ITC case brought by Thomson Licensing; winning a determination of no violation and prevailing on all issues, including determinations of invalidity of certain asserted patents.

  • Certain Semiconductor Devices, ITC Inv. No. 337-TA-1336: Represented TSMC in an ITC proceeding brought by Daedalus Prime involving semiconductor fabrication technology; excluded three of Daedalus’s expert witnesses in pre-trial conference; settled case favorably hours before opening statements.

  • Certain Lithium Ion Batteries, ITC Inv. No. 337-TA-1159: Represented LG Chem in ITC against SK Innovation in case involving misappropriation of EV battery trade secrets; winning issuance of exclusion and cease and desist orders; and forcing nearly $2 billion settlement payment from SKI to LG Chem.

  • Certain Digital Video Receivers, ITC Inv No 337-TA-1001; Certain Digital Video Receivers, ITC Inv. No. 337-TA-1103: Represented Comcast against Rovi in proceedings before ITC and CBP; winning clearance from CBP for importation of a redesign in Inv. No. 1001; and winning determination of non-infringement of a redesign from ITC in Inv. No. 1103.

  • Certain Wi-Fi Routers, ITC Inv. No. 337-TA-1361: Represented Netgear in ITC patent case against TP-Link; winning initial determination of infringement, validity, and violation of Section 337; and forcing $135 million settlement payment by TP-Link to Netgear.

  • Certain Thermoplastic-Encapsulated Electric Motors, ITC Inv. No. 337-TA-1073: Represented Honda in ITC patent case involving electric motor technology; winning ITC determination of no violation for failure to demonstrate a domestic industry; and defeating Intellectual Ventures’ request for exclusion of Honda automobiles and parts.

  • Certain Moveable Barrier Operating Systems, ITC Inv. No. 337-TA-1209: Represented Overhead Door in the ITC against market-leader Chamberlain in case involving software and hardware related to wireless vehicle barrier systems; winning issuance of exclusion and cease and desist orders forcing settlement terms favorable to our client Overhead Door.

  • Certain Semiconductor Devices, ITC Inv. No. 337-TA-1176: Represented GlobalFoundries in patent infringement suit in the ITC against TSMC, Qualcomm, MediaTek, and others; winning settlement on terms favorable terms less than five weeks after institution of the investigation.

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Patent Trial and Appeal Board (PTAB)

  • Actifio v. Delphix: Succeeded in invalidating five patents on virtualization and file system technology across 12 IPRs.

  • Abbott v. FlexStent: Invalidated patent on cardiovascular stents, upon which FlexStent was seeking over $500MM in damages.

  • TP-Link v. Netgear: Obtained denial of institution on patents found to be infringed in related ITC litigation relating to Wi-Fi routers, resulting in $135MM settlement.

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Trade Secrets Disputes and Counseling

  • GlobalFoundries v. IBM (S.D.N.Y.): Represented GlobalFoundries, a global leader in semiconductor manufacturing and design, in a multibillion-dollar plaintiff-side trade secret case involving advanced semiconductor technologies—described as “one of the most complex trade secret battles in the semiconductor industry.” The case settled favorably after GlobalFoundries prevailed on key pre-trial motions.

  • LG Chem / LG Energy Solution v. SK Innovation (ITC): Represented LG Chem and LG Energy Solution in a rare plaintiff-side ITC trade secret case concerning lithium-ion battery technology. Secured exclusion and cease-and-desist orders, leading to a nearly $2 billion settlement.

  • SS&C v. Clearwater Analytics: Represented SS&C in a plaintiff’s-side trade secret case against multiple former employees charged with orchestrating a massive misappropriation of trade secrets. The jury awarded $44 million in damages.

  • Celgard v. Shenzhen Senior Technology (N.D. Cal.): Represented Senior Technology in a high-stakes global trade secret and patent dispute involving lithium-ion battery separators, spanning the U.S., U.K., and China. Successfully defeated Celgard’s motion for preliminary injunction and temporary restraining order.

  • Medytox v. AEON Biopharma (ITC): Represented Medytox, a global biopharmaceutical company, in another rare plaintiff-side ITC trade secret case against AEON Biopharma, the U.S. distributor of Daewoong Pharmaceutical’s botulinum toxin products. Achieved a highly favorable settlement following issuance of an exclusion order.

  • Delphi v. Actifio (N.D. Cal. and D. Mass.): Represented Actifio in a defense-side competitor trade secret dispute involving cloud computing. Prevailed on summary judgment on nearly all claims, leading to a favorable settlement.

  • BBB Industries v. Cardone Industries (Texas State Court, Tarrant County): Represented BBB Industries in a defense-side trade secret case involving customer and sales information. Prevailed on key pre-trial motions, resulting in the plaintiff agreeing to binding arbitration shortly before trial and reaching a favorable settlement.

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