In 2010, John Desmarais left a successful patent litigation
career with Kirkland & Ellis LLP to hang his own shingle,
Desmarais LLP, with some of his former Kirkland colleagues. The
result is a successful and expanding boutique law firm focused on
trial and appellate level intellectual property litigation.
Pioneering in the representation of patent-holding plaintiffs,
known as non-practicing entities, the firm also represents a
diverse body of plaintiff and defense clients including large
corporate clients seeking to protect their business interests and
individuals wishing to enforce their rights to their inventions and
technology. The firm intentionally represents select corporate
clients to establish an in-depth relationship with the client as
well as to avoid conflicts so the firm can vigorously pursue both
plaintiffs' and defendants' work.
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 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. This flexible approach
to fee arrangements may be why technology powerhouses such as
Cisco, IBM and Boston Scientific are among the firm's clients.
Small Firm, Big Results
Ready to make a new name for themselves within the patent bar,
attorneys from Desmarais LLP dove head first into numerous patent
trials on behalf of the firm's clients, chalking up multiple
high-profile victories. Since 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 Plaintiff VirnetX's previous
victories against Apple and Microsoft totaling hundreds of millions
of dollars, the talented litigators at Desmarais argued
successfully that Cisco did not infringe the patents, and the jury
wholly rejected Plaintiff VirnetX's $258 million claim for damages
and injunctive relief. On behalf of firm client 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 Corp. regarding its
drug-eluting coronary Cypher® stents. Representing firm client
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 infringing
HTC smartphones from entering the country. The firm also won a
complete defense judgment on behalf of firm client IBM in
litigation against TecSec in the Eastern District of Virginia
regarding sophisticated encryption technology, and recently notched
a yet another trial victory against Canon on behalf of Intellectual
Ventures, earning a jury verdict that two of Intellectual Ventures'
patents were valid and infringed by Canon's digital cameras.
Never afraid to back down from a challenge, the firm has also
settled suits against big names such as Dell\Lenovo, Oracle, Macy's