From left to right, front row: Russell W. Faegenburg; Paul H. Kochanski; Christian E. Samay; Roy H. Wepner; William L. Mentlik; Ryan L. Bergeron; Charles P. Kennedy; and Kendall K. Gurule.. .Second row: Elizabeth Lafferty; Gregory S. Gewirtz; Jonathan David; Robert B. Hander; Alexander Solo; Aaron S. Eckenthal; Melanie A. Chernoff; and Andrew T. Lane. – Photo by Carmen Natale/ALM

Intellectual property law firm Lerner David Littenberg Krumholz & Mentlik of Westfield, now marking its 50th anniversary, says it takes “cutting edge” work to counsel cutting-edge clients. In any event, firm clients were able to edge adversaries in numerous cases last year. In 2018 the group prevailed on behalf of Dr. Reddy's Laboratories at the U.S. Court of Appeals for the Federal Circuit in patent litigation over heart drug Effient, with the denial of en banc review of a favorable ruling from the U.S. Patent Trial and Appeal Board; notched several victories at PTAB on behalf of Amneal Pharmaceuticals; and came in late to a patent case lodged by Vitaworks, replacing a law firm that dissolved, and succeeded in pressing the case forward.

** The responses were provided by partners Tedd Van Buskirk and Roy Wepner. **

What were some of the department's most satisfying successes of 2018, and why?

While all of our successes in 2018 were satisfying to our clients—and thus gratifying to us—most striking to us is the dizzying array of businesses in which our clients operate, and our ability to deliver to all of them. These ranged from 3-D glasses to plastic surgery to energy drinks additives to sports bras. Even in the pharmaceutical arena, we succeeded in cases ranging from blood thinners to opioids. Having a bench of tremendously diverse scientific and technical backgrounds allows us to field a strong team in any case—before any tribunal—and succeed.

Being a Litigation Department of the Year means more than providing good counsel. How does your group go a step further for clients?

Any successful attorney-client relationship requires a deep understanding of that client's business. And being an IP firm, our clients are—by definition—on the cutting edge of technology. So our lawyers practice at the intersection of not only law and business, as is the case for many attorneys, but technology too. As a full-service IP firm, our client relationships depend upon not only providing good counsel in the courtroom, but outside too, through rigorous due diligence, thorough investigations/clearance opinions, strong negotiating skills, and proper IP management.

Amid a changing market for legal services, what does it mean to be an effective litigator in New Jersey?

The tenets of being an effective litigator don't change, regardless of changes to the legal market. We must always understand our clients' businesses and goals, provide them with objective advice, and advocate for them zealously, professionally, and ethically. Because of greater competition and choice in the marketplace, clients now seek value from their outside counsel. We deliver a value proposition by being not only effective litigators, but efficient too, without sacrificing quality. That efficiency is driven by a host of factors, from staffing with the right mix of attorneys and professionals to balancing experience and judgment with cost, making use of the latest technology, and constantly reevaluating cases from a cost-benefit perspective.

Is it true that clients now more than ever wish to avoid litigation, and if so, how do litigation practices thrive?

It's really no more or less true today than ever. To assist our clients in avoiding litigation, we aim to provide sound counsel in all aspects of IP—from obtaining and managing patents, trademarks, and copyrights, to licensing IP, performing due diligence, and providing clearance and freedom-to-operate opinions. But when litigation can't be avoided, we are in the business of providing effective and efficient resolution of any dispute before the courts and other tribunals. We partner with our clients at every step to manage their risks and expenses without compromising what it takes to win.

Litigators are extraordinarily busy people. What does the firm do to ensure that they remain engaged with pro bono work, their communities and their families?

It's often said that if you need to get something done, find a busy person. We find that busy lawyers who wish to give back find time to do so. We actively promote pro bono service through our long association with the Union County Civil Part Volunteer Settlement Program, where we serve as mediators to help resolve pro se cases. Our attorneys have also dedicated countless hours over the years to pro bono organizations of their own choice. Our attorneys actively fundraise for a variety of worthy charitable causes, teach literacy and citizenship courses, serve their local schools, missions, and houses of worship, and volunteer as coaches and scout leaders.