Practice Areas & Industries: Darby & Darby Professional Corporation

Practice/Industry Group Overview

Darby litigators have the home court advantage in intellectual property litigation; it is our complete focus and passion.  Unlike general litigators who occasionally handle IP cases, we are consummate IP professionals committed to the art and science of patent, trademark, copyright and false advertising law.  Our depth of knowledge on both the technical and the litigation fronts is at your service, with an unparalleled standard of communication, specialization and principal responsiveness.  Our intimate understanding of both our clients' technology and the legal issues that surround it informs all aspects of our business and legal strategy.  We will never offer a one-sided solution to a multifaceted problem.

Our training helps us build a proper technical record at the trial level, which is a significant advantage for our clients.  Fifty percent of all major patent jury trials are appealed to the Federal Circuit, and a "win" runs the risk of being reversed in the appellate court without a strong technical foundation at the original trial.  Darby's presentation of your case at trial, or on appeal, will be both scientifically correct and persuasively understandable because our technically-savvy litigators always work closely with our skilled patent lawyers and agents.  This unique collaborative relationship is often an unbeatable combination.

We know our clients' patent portfolios thoroughly, whether we helped prosecute them or not.  As a result, in our opinions we are able to outline business options to avoid protracted and expensive litigation, or provide recommendations for the best ways to minimize exposure if litigation is unavoidable.  Clients can then evaluate the wisdom of litigation based on a clear picture of the business ramifications, the costs, the risks and the ultimate benefits.  Our goal is to produce results that advance our clients’ positions on all fronts.

Established giants and newcomers alike rely on us to handle disputes in the arenas of software, computers, microbiology, chemistry, telecommunications, electronics, toys, novelties and medical products.  Darby has handled major cases recently for Verizon Wireless, Esselte, GTE Wireless, Lonza, Toys "R" Us, RadioShack, International Paper and Regent Medical Products, among others.

Services Available

The firm has extensive pharmaceutical and biotech litigation experience, working with industry leaders and cutting edge companies such as Novo Nordisk A/S, Emisphere, Forest Laboratories, Ivax, Lundbeck and Scriptgen, as well as research centers, such as New York University and the Hospital for Special Surgery.  We also have special experience in high stakes ANDA litigation and understand both sides of the legal battles emerging from the Hatch-Waxman Act.

We obtain victories for our clients in many forms, not just favorable jury verdicts.  We can help minimize the damage inherent in a thorny situation or reach a settlement that solves a problem on terms favorable to our client.  Success comes because we are skilled at formulating strategies that might not be apparent to others who lack our technical training and dedication to the discovery process.  Our strategic approach extends to our staffing as well: our clients get the precise resources needed to make their best case.  Whatever the circumstance, we are dedicated to providing litigation approaches that offer our clients the most bang for their buck.