Patexia Insight 184: Major Lateral Moves of Patent Litigators in 2023
In January, we published the Patent Litigation 2023 Report analyzing all patent infringement cases filed in district courts during the period from July 1, 2017, to June 30, 2022. In this report, we also cover some of the most important lateral moves of patent litigators that happened last year.
In recent months, we've shared several insights from our 2023 report, ranging from an encompassing view of some of the best-performing and most active patent litigators in the US (Patexia 179 and Patexia 167) to the companies that stood out among the best-performing and most active plaintiffs and defendants (Patexia 171 and Patexia 168). As per tradition, the report also included the section dedicated to the lateral moves among the top 1,000 most active attorneys, as they transitioned between law firms in 2022 which will be the focus of this week’s insight.
A total of 17,052 patent litigators represented either plaintiffs or defendants in district court patent litigation cases during the five-year period of our study. By comparing the information we obtained from attorneys and law firms with those published in our previous report, we identified the ones who made lateral moves. We uncovered a total of 53 lateral movements among the top 1,000 attorneys as ranked by activity in the Patent Litigation 2023 Report. The following table shows the top 25 lateral moves, as sorted by the activity rank of the attorneys:
We have observed that often, a single plaintiff with a limited number of patents may sue hundreds of companies in multiple cases. While more defendants mean more work for them, the amount of work does not increase proportionally with the number of cases filed using the same patents. Therefore, the calculation of the activity score and rank assigned to each attorney entails a comprehensive approach, incorporating a weighted function that takes into account not only the number of cases managed but also the patents involved.
Law firms continually strategize to capitalize on shifts within the patent litigation landscape. Drawing insights from the data acquired through lateral moves, we compiled a list of law firms that have experienced notable fluctuations in their litigator headcounts. This analysis involved subtracting the number of attorneys who joined a firm from those who departed, enabling us to identify those firms that demonstrated substantial growth or decline in their number of litigators. This approach provides a dynamic perspective on the evolving legal landscape, shedding light on the tactical decisions and trends that have influenced the composition of litigators within various law firms.
Among the law firms that have experienced significant attorney growth in 2022, we find notable names like Morrison & Foerster, BC Law Group, P.C., Kirkland & Ellis, McKool Smith, and Skiermont Derby. Morrison & Foerster takes the lead with a net gain of 7 litigators due to its acquisition of Durie Tangri. The other firms in this group maintain an average gain of 2.5 attorneys per firm.
- Morrison & Foerster appears regularly among Patexia’s various law firm rankings. With over 1,000 attorneys, the firm has recently represented Apple, Genentech, Inc., and Xilinx, among others. In recent years, the firm has expanded considerably, especially after the acquisition of Durie Tangri bringing in 36 new attorneys. Among the new patent litigators in the firm are, Brian C. Nash, Daralyn J. Durie, Adam R. Brausa, Eric C. Wiener, Austin M. Schnell, and Timothy C. Saulsbury – all ranked highly on Patent Litigation Report’s 2023 top 1,000 most active attorneys.
- BC Law Group, P.C. was founded by IP attorneys from McKool Smith, who started this boutique law firm and have taken on cases for Scramoge Technology Ltd., Sonrai Memoty Limited, and Lionra Technologies Limited. Their team has gained several new members in 2022, including Seth R. Hasenour, Brett E. Cooper, and Drew B. Hollander, all of whom joined as Partners.
- Kirkland & Ellis has consistently ranked as one of the most active firms in the IP landscape on Patexia reports. Their top clients in patent litigation are Samsung Electronics, Intel Corporation, and Apple Inc. Last year, it welcomed Kathy H. Li, Nadia E. Haghighatian, and Austin C. Teng into their team.
- McKool Smith has represented Ericsson, Bell Semiconductor, LLC, ContentGuaurd Inc., and many others in patent litigation cases. Originally from Dallas, the firm has now spread to six other cities. A notable new addition to the firm’s patent litigation team is Alfonso Garcia Chan. Mr. Chan has 24 years of experience and specializes in semiconductors and electronic technology.
- Skiermont Derby focuses on technical patents working closely with IPA Technologies Inc., Bell-Northern Research, and Packet Intelligence rank among their top clients. John E. Lord, one of the newest additions to the firm, brought in over two decades of experience as an attorney. He has previously worked at One LLP.
The full Patent Litigation Intelligence Report offers a comprehensive analysis of patent litigation from July 1, 2017, to June 30, 2022. By examining all 18,493 patent litigation cases filed during this period, the report delves into a comprehensive analysis of patent litigation trends from various angles. The study further extends to encompass a comprehensive coverage of all 3,608 law firms engaged in patent litigation, in addition to the assessment of the activities of 17,052 active patent litigators who represented 20,065 companies as plaintiffs or defendants. The report also provides the complete list of the 53 patent litigators among the top 1,000 who made a lateral move in 2022. Additionally, we include an extended list of law firms with the largest growth or decline in the number of patent litigation attorneys.
We will continue to release further insights centered around IP in the following weeks. Keep an eye out for our upcoming ANDA Litigation Intelligence report being released in two weeks as well as features and updates that will delve further into the dynamic IP landscape.