In 2010, John Desmarais left a successful patent litigation
practice with Kirkland & Ellis to hang his own shingle,
Desmarais LLP, with some of his former Kirkland colleagues. The
result is a successful and expanding mid-sized law firm focused
primarily on trial and appellate level patent litigation. Desmarais
LLP represents technology powerhouses such as Apple, Cisco, and
IBM, as well as major life-sciences and medical-device clients such
as Acelity, Boston Scientific, Enzo Biochem, and GSK. The firm
prefers in-depth relationships with a limited set of clients, which
permits both a robust plaintiffs' practice as well as a top-notch
Small Firm, Big Results
Attorneys from Desmarais LLP have chalked up multiple
high-profile victories on behalf of the firm's clients. Shortly
after opening its doors, the firm won a knockout complete defense
jury verdict of non-infringement on behalf of defendant Cisco
Systems, Inc. in VirnetX, Inc. et al. v. Cisco Systems, Inc.
Despite the plaintiff's previous victories against Apple and
Microsoft totaling hundreds of millions of dollars, the litigators
at Desmarais argued successfully that Cisco did not infringe the
patents, and the jury wholly rejected VirnetX's $258 million claim
for damages and injunctive relief.
On behalf of Boston Scientific, the firm won summary judgment of
willful infringement as well as a jury trial damages award and
enhanced damages totaling more than $42 million against defendant
Cordis Corporation regarding its drug-eluting coronary stents.
Representing Nokia before the International Trade Commission, the
firm won an initial determination that HTC infringed two of Nokia's
patents and secured a recommended limited exclusion order barring
HTC's smartphones from entering the country. The firm also won a
complete defense judgment on behalf of IBM in litigation against
TecSec in the Eastern District of Virginia regarding sophisticated
encryption technology. Desmarais LLP recently notched yet another
trial victory on behalf of Intellectual Ventures, securing a jury
verdict that two of Intellectual Ventures' patents were valid and
infringed by Canon's digital cameras. Never afraid of a challenge,
the firm has also represented patentee plaintiffs in lawsuits
against big names such as Dell, Lenovo, Acer, Oracle, Roche,
Toshiba, and Amazon.
No Billable Hours!
To better serve its clients, Desmarais LLP has forgone the use
of the billable hour commonly used at large firms with IP
practices. Clients work closely with attorneys at Desmarais LLP to
choose a fee arrangement that best fits each client's needs.
Clients seeking predictability may negotiate a flat fee for
specific work at the beginning of their relationship with the firm.
Clients willing to share the risk of litigation with the firm may
negotiate a contingent-fee arrangement. Clients are also free to
propose a hybrid fee arrangement incorporating a flat fee combined
with bonuses for reaching litigation goals. From the attorneys'
perspective, forgoing the billable hour encourages partners and
associates alike to focus on winning cases in an efficient