Pedram Sameni
Sep 23, 2020

Patexia Insight 90: Best IPR Attorneys in 2020

Earlier this month we released our 2020 IPR Intelligence Report where we covered the top IPR law firms and attorneys by activity, success and performance. This 129-page report covered 7,708 IPR petitions filed in a 5-year period between July 1, 2015 and July 1, 2020. During this time, a total of 4,983 attorneys were involved in one or more IPR cases. This week, we will review some of the top attorneys ranked in this year’s report.


The full report covers up to the 1000 most active IPR attorneys over the last five years. Here, we highlight some of the IPR attorneys in alphabetical order, ranked in the top 25 by activity, success or performance. Being among the top 25 means the attorney is in fact, in the top 0.1 percent out of almost 5000 attorneys:

Attorney Firm All Cases Activity Rank Success Rank Performance Rank
Hector A Agdeppa

Sheppard Mullin

21   6 (PET)  
Martin R Bader Sheppard Mullin 42   1 (OV) 1 (PET)
Jon S Baughman Paul Weiss 77   20 (OV) 9 (OV)
Todd M Briggs Quinn Emanuel 20   11 (PET)  
Eric A Buresh Erise IP P.A. 78 24 (PET)    
Lauren E. Burrow Alston & Bird 34   1 (PO) 12 (PO)
James Carmichael Carmichael IP 30   5 (PO) 8 (PO)
Michael S Connor Alston & Bird 29   1 (PO) 11 (PO)
Theodore M Foster Haynes & Boone, LLP 64   17 (OV) 12 (OV
Mark T Garrett Norton Rose Fulbright 30   13 (PET)  
Richard F Giunta Wolf, Greenfield & Sacks 118 25 (OV)   14 (PET)
James M Glass Quinn Emanuel 174 7 (OV)    
Eugene Goryunov Haynes & Boone, LLP 146 14 (PET)    
David E Heisey Sheppard Mullin 20   4 (PET)  
Parham Hendifar Lowenstein & Weatherwax 87 16 (PO)    
Edward Hsieh Lowenstein & Weatherwax 85 17 (PO)    
Jeffrey Huang Etheridge Law Group 144 5 (PO)   16 (OV)
Kevin P B Johnson Quinn Emanuel 60   4 (OV) 4 (OV)
Christopher B Kelly Alston & Bird 28   13 (PO) 19 (PO)
Scott M Kelly Banner & Witcoff 48   21 (OV) 23 (PET)
Nam H Kim Sheppard Mullin 28   17 (PET) 17 (PET)
Theo Konstantakopoulos Desmarais LLP 39   28 (PET) 11 (PET)
Stephen Sandor Korniczky Sheppard Mullin 42   2 (OV) 2 (PET)
James L Etheridge Etheridge Law Group 149 4 (PO)   19 (OV)
David L McCombs Haynes & Boone, LLP 131 6 (PET)    
Roger H. Lee Buchanan Ingersoll 46   10 (PO)  
Ryan S Loveless Etheridge Law Group 190 1 (PO)    
Nathan Lowenstein Lowenstein & Weatherwax 89 14 (PO)    
Patrick G. Maloney Lowenstein & Weatherwax 79 19 (PO)    
Brett A Mangrum Etheridge Law Group 180 2 (PO)    
Erik S Maurer Banner & Witcoff 16   9 (PO)  
John T McKee Quinn Emanuel 57   20 (PET) 8 (PET)
Frederic Maxwell Meeker Banner & Witcoff 133 4 (PET)    
Henry August Petri Polsinelli 46     24 (PET)
Michael N Rader Wolf, Greenfield & Sacks 36   22 (PET) 9 (PET)
Tim R Seeley Eastgate IP 83 20 (PO)    
Charles W Shifley Banner & Witcoff 19   7 (PET)  
John D Vandenberg Klarquist Sparkman 37   16 (PET) 12 (PET)
Kenneth James Weatherwax Lowenstein & Weatherwax 143 6 (PO)    
Bradley C Wright Banner & Witcoff 122 9 (PET)    
Daniel N Yannuzzi Sheppard Mullin 24   3 (PET)  

 PO = Patent Owner, PET = Petitioner, OV = Overall, Blank = not in the top 25

A blank cell in the above table means that the attorney was not necessarily ranked in the top 25 in that particular category. Also, it is possible that the attorney has other top rankings in a particular category but we only covered the highest ranking in that category (e.g., the best activity rank between PO, PET and Overall)

Here we would like to explain a few adjustments we made to our ranking methodology this year:

  1. Activity Measurement (Score): We used to count the number of cases for each party or their representatives. While this was correct, it did not differentiate between recent and old filings. For example, some attorneys were very active five years ago but had almost no activity in the past four years. To take this into consideration, we implemented an Activity Score Function, which slightly discounted cases for earlier years. Under the new model, an attorney with 48 cases in 2020 is ranked higher than another attorney with 50 cases in 2015.
  2. New Success and Performance Scores/Rankings: In the past, we only calculated the Performance Score which was based on the outcome of the cases (i.e., settled, denied, invalidated, etc.). This year, we renamed the old Performance Score to Success Score and then introduced a new Performance Score, which is a weighted average of Activity and Success Scores.  One thing that we did not consider in the past, was that large case numbers would inevitably dilute performance over time. After all, none of us can escape the law of averages! This new performance score helps companies find highly active and highly successful law firms and attorneys (i.e., the most qualified ones).
  3. Settled Cases: In previous years, we used to give all the points to the petitioner if a case was settled. While oftentimes settlement means the patent owner has limited options and may be chosen by patent owners to cut their losses, in some cases, it may be a part of a larger strategy related to co-pending district court cases. As a result, and to be consistent for all cases, we decided to divide the point 0.75/0.25 between the petitioner and patent owner (according to our survey results, most of the respondents still believe a settled IPR is a victory for the petitioner).
  4. Lowered Cut-off Numbers for Performance and Success Rankings: Although everybody received Success and Performance Scores, we had to limit the rankings to avoid comparing an attorney with a single case to another attorney with more than 100 cases. This year, we required a minimum of 30 concluded cases (or 15 concluded cases for patent owners or petitioners).

Aside from calculating the activity, success and performance scores for all IPR attorneys, and ranking of the 1000 most active in six categories, the report also includes 202 PTAB judges, the rankings of all 900+ law firms and up to 1000 most active companies in six categories which can be downloaded from the IPR Intelligence Report page. If your firm or company is a member of Patexia Concierge, you can download it by logging in to the site and clicking the “Download” button on the report page.

In the following weeks, we plan to publish the IP statistics for the first 9 months of 2020. Stay tuned...