NEW YORK (JULY 11, 2023) – Sullivan & Cromwell LLP announced today that Andrei Iancu, former Director of the U.S. Patent and Trademark Office (USPTO) and prominent IP litigator, has joined the firm as a partner to enhance its leading Intellectual Property & Technology Practice. He will be based in Los Angeles and maintain an office in Washington, D.C. Judge Kathleen O’Malley, former Judge of the U.S. Court of Appeals for the Federal Circuit, also has joined S&C as of counsel, resident in Washington, D.C.
At Sullivan & Cromwell, Mr. Iancu and Judge O’Malley will continue to advise clients on a range of IP and technology matters, from litigation, trials and high-stakes appeals to obtaining, licensing, enforcing and defending against IP rights globally.
“We are delighted to welcome Andrei and Judge O’Malley to S&C,” said Robert Giuffra and Scott Miller, co-chairs of Sullivan & Cromwell. “S&C has long represented clients in their most complex and significant IP litigations and transactions. The addition of Andrei and Judge O’Malley, two of the most respected litigation and IP lawyers in the country, will enhance our ability to serve our clients’ increasing demand for exceptional trial and appellate lawyers in this critical and growing practice area. They also will strengthen our overall Litigation Group, including our appellate, corporate crisis, alternative dispute resolution and white collar practices.”
Mr. Iancu is a leader on IP law and innovation policy. As the head of the USPTO, the senior-most IP position in the U.S. government, Mr. Iancu managed one of the largest IP offices in the world. In addition to his government service, he has been a partner at a leading firm for more than two decades. He has represented plaintiffs and defendants in IP matters across the technical and scientific spectra, including cybersecurity, medical devices, genetic testing, therapeutics, the Internet, telephony, TV broadcasting, video game systems and computer peripherals. Most recently, he was inducted into the IAM Hall of Fame by Intellectual Asset Management and received the “Excellence Award” from the American Intellectual Property Law Association (AIPLA).
“I am delighted to join Sullivan & Cromwell, one of the preeminent law firms in the world, with an extensive roster of technology, life sciences, financial, industrial and other clients. The firm has an impressive record of success in IP litigation and transactional matters,” said Mr. Iancu. “In today’s innovation-based economy, intangible assets are more important than ever to virtually every business. Joining S&C presents a unique opportunity to be part of an extraordinary team of lawyers who provide the full range of services to some of the most important companies at the forefront of innovation and the next industrial revolution.”
Before transitioning to her current litigation consulting practice at a major IP firm, Judge O’Malley served as a federal judge for more than 27 years. She was appointed to the United States District Court for the Northern District of Ohio in 1994, where she served for over 16 years, presiding over more than 1,000 complex civil and criminal matters, including major white- collar, antitrust and securities actions, as well as patent, trademark and copyright cases. She also was designated to preside over three separate complex multi-district litigations. In 2010, President Obama elevated her to the Federal Circuit, and she was the first District Court judge ever appointed to that court, which hears all patent appeals. Judge O’Malley is internationally known in the IP litigation and policy fields, and she has received a number of recognitions, including the NYIPLA Outstanding Public Service Award and one of only three honorary lifetime memberships in the Association of Corporate Patent Counsel.
“I am excited to join Sullivan & Cromwell’s leading IP & Technology Practice and Litigation Group,” said Judge O’Malley. “I look forward to sharing my years of experience with such a talented group of lawyers and bringing my experience to bear in assisting the firm’s clients on some of their most challenging IP litigation matters. I am also excited about the opportunities S&C will provide to expand my alternative dispute resolution, corporate crisis and white-collar practices.”
The addition of Mr. Iancu and Judge O’Malley follows a wave of recent high-profile wins and market-leading deals by Sullivan & Cromwell’s IP & Technology Litigation and Transactions Practices, including:
- A nine-figure cybersecurity patent infringement and correction of inventorship jury verdict in the Eastern District of Virginia for Columbia University against NortonLifeLock (f/k/a Symantec Corporation);
- A complete defense win for Ocado Group in a multi-billion dollar robotics patent infringement trial before the U.S. ITC in which all of the adversary’s asserted claims were found to be invalid or not infringed;
- Representation of OpenAI in connection with its multi-year, multi-billion dollar partnership with Microsoft Corporation;
- Representation of BlackBerry in its $900 million sale of substantially all of its non-core patents and applications to Malikie Innovations, a subsidiary of Key Patent Innovations;
- Representation of ASML, the world’s leading maker of semiconductor lithography equipment, in connection with its worldwide patent cross-license with Nikon, settling 88 pending patent cases;
- The successful formation of the University Technology Licensing Program, a first-of-its-kind program for physical sciences patents owned by 15 of the country’s leading research universities, including Caltech, Columbia, Harvard, Penn, Princeton and Yale;
- Complete defense wins for Bayer AG in tech-related M&A disputes before the Delaware Court of Chancery with Merck & Co., Inc. and in an ICC arbitration with BASF SE;
- Representations in connection with the three largest healthcare deals of 2022—Amgen in its acquisition of Horizon Therapeutics, Biohaven in its acquisition by Pfizer, and Abiomed in its acquisition by J&J—and representation of SeaGen in its 2023 acquisition by Pfizer; and,
- A precedent-setting victory before the U.S. Supreme Court for Stryker in the Halo case, which established the current law regarding enhanced damages for patent infringement.
S&C’s IP & Technology Practices consist of partners, counsel and associates across its New York, Palo Alto, Los Angeles and Washington, D.C. offices. Its lawyers regularly receive accolades for their work on IP counseling, litigation and transactions, including recognition in the Intellectual Asset Management (IAM) Strategy 300, Global Leaders 300 and Patent 1000, which recognize the best in this multi-disciplinary practice area.
About Sullivan & Cromwell LLP
Sullivan & Cromwell LLP is a leading global law firm that advises on major domestic and cross-border M&A; significant litigation and corporate investigations; finance and corporate transactions; and complex antitrust, regulatory, tax and estate planning matters. Our firm’s hallmarks are the highest-quality independent advice and intense dedication to solving client problems. Founded in 1879, Sullivan & Cromwell has more than 800 lawyers located in offices in New York, Washington, D.C., Los Angeles, Palo Alto, London, Frankfurt, Paris, Brussels, Hong Kong, Beijing, Tokyo, Melbourne and Sydney.