As a market and thought leader in the technology sector, Sterne Kessler helps clients develop comprehensive intellectual property (IP) solutions that protect innovation, foster growth, and maximize value in emerging technology domains, including quantum computing.
Quantum computing is moving from theoretical research to commercial reality, and the IP decisions companies make today will decide who leads and who follows. With quantum hardware maturing across superconducting, photonic, trapped-ion, and silicon spin qubit modalities, and as quantum software stacks, classical-quantum architectures, and error-correction move toward practical utility, competitive advantage increasingly depends on the strength and scope of a company’s patent portfolio.
Sterne Kessler’s multidisciplinary team provides strategic patent counseling spanning patent preparation and prosecution, portfolio development and management, and high-stakes post-grant proceedings and patent litigation. We have drafted and prosecuted thousands of patent applications involving cutting-edge technologies for numerous Fortune 100 companies. We have also represented clients in significant disputes in federal district courts, before the International Trade Commission, and in post-grant proceedings, including inter partes reviews and reexaminations, before the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB).
For companies investing in quantum technologies, whether pioneering novel qubit architectures, developing quantum algorithms for optimization and simulation, or building the enabling infrastructure involving cryogenics, control electronics, and quantum networking — a failure to develop a comprehensive IP strategy now risks ceding market position during one of the most consequential technology shifts of the century.
Deep Technical Experience Behind Quantum Innovation
For more than four decades, Sterne Kessler has worked with companies at the cutting edge of technology to protect and enforce their innovations. Our team includes attorneys, patent agents, and technical specialists who collectively hold more than 100 advanced degrees in science and engineering, with extensive backgrounds in computer science, computer engineering, electrical engineering, semiconductor fabrication, communication systems and networks, and cryptography.
This experience aligns directly with the core technologies driving advancements in quantum computing. Our Electronics Practice Group has deep experience in the underlying hardware and systems technologies that quantum computing depends on, including semiconductor processes and devices, integrated circuits, optoelectronics, photonics, lasers, nanotechnologies, microelectromechanical systems (MEMS), cryptography, control and error correction software, and computer architecture. We bring specific quantum computing expertise, including preparing and prosecuting patent applications in quantum computing fundamentals.
Whether you are an established technology leader scaling a quantum hardware platform or an emerging startup commercializing quantum algorithms, we are committed to helping you harness the full potential of your innovations.
Our IP Services
Patent Application Drafting and Prosecution
We develop and implement comprehensive, business-aligned patent procurement strategies covering sophisticated technologies. Our team delivers high-quality, defensible patents that support commercialization, withstand litigation and post-grant challenges, and strengthen our clients’ competitive positioning.
Our integrated model integrates patent prosecution with district court/PTAB litigation in a continuous cycle of learning and improvement. Litigation insights inform our prosecution strategies, while prosecution experience strengthens our litigation positions—enhancing our ability to develop and defend robust, high-quality patents.
We take a strategic, forward-looking approach to portfolio development, aligning filing strategies with product roadmaps, competitive landscapes, and our clients’ business objectives. Leveraging proprietary AI tools developed in-house by Sterne Kessler to enhance patent prosecution, portfolio analysis, and due diligence, we enhance efficiency and insight to enable our IP professionals to focus on delivering high-value strategic guidance and maximizing impact of our clients’ patent investments.
Patent Litigation
Sterne Kessler represents high tech companies in patent litigation before federal district and appellate courts, including the U.S. Court of Appeals for the Federal Circuit. We enforce and defend our clients’ IP rights against competitors, leading complex disputes that impact market position.
Our team is recognized for driving favorable results at pivotal stages of litigation, successfully resolving cases through strategic motion practice, persuasive claim construction advocacy, and case-dispositive challenges. We develop tailored litigation roadmaps aligned with our clients’ objectives and routinely pursue opportunities for early resolution where appropriate, including successful challenges based on subject matter eligibility under 35 U.S.C. § 101.
Supported by a seamless integration of patent prosecution, PTAB, and litigation expertise, we coordinate complex multi-venue disputes and develop comprehensive enforcement and defense strategies that protect innovation, reduce risk, and strengthen our clients’ competitive positions.
International Trade Commission (ITC) Litigation
Sterne Kessler is among the most active and experienced firms before the ITC, handling Section 337 investigations involving complex technologies. We lead high-stakes ITC matters from complaint through trial, combining deep technical knowledge with our trial skills and a strategic understanding of the ITC’s fast-paced and specialized procedures.
Our team is particularly adept at managing the accelerated timelines of ITC investigations, executing effective discovery strategies and positioning cases for success. We develop integrated, multi-venue strategies that align ITC investigations with parallel proceedings before the PTAB and district courts, ensuring consistent positions and advancing our clients’ litigation objectives.
Patent Trial and Appeal Board (PTAB) Proceedings and Reexaminations
We have deep experience representing high tech companies in inter partes review (IPR), post-grant review (PGR), and reexamination. Proceedings before the PTAB have become a critical component of modern patent disputes, requiring a combination of deep technical knowledge and sophisticated command of PTAB procedure and policy.
Recognized as one of the most active and successful firms before the PTAB, we are highly experienced in representing petitioners and patent owners, developing tailored strategies that align with litigation in district courts and before the ITC. Our team includes three former leaders at the PTAB, who offer our clients unique perspective and insights into these specialized proceedings. We also have one of the leading reexamination practices to support litigation objectives, strengthen patent positions, and create strategic advantages in complex disputes for both patent owners and third-party requesters.
By optimizing the interplay among PTAB proceedings, district court litigation, and ITC investigations, we help clients maximize opportunities, mitigate risk, and achieve favorable outcomes across multiple forums. Our experience is further reflected in our involvement in several Federal Circuit decisions that have shaped reexamination law and procedure, reinforcing our position as a leader in post-grant and patent validity proceedings.
Strategic IP Counseling & Transactional Support
Our team develops and manages global patent portfolios, including Patent Cooperation Treaty (PCT) filings and prosecution before U.S., European, and Asian patent offices, ensuring consistency and strategic alignment across jurisdictions. We also design and implement trade secret protection programs for valuable unpatented technologies, including specialized manufacturing processes.
Beyond portfolio development, we help clients navigate complex IP risks through comprehensive patent searching and the preparation of freedom to operate (FTO), non-infringement, invalidity, and clearance opinions. These analyses support the development and commercialization of new technologies while mitigating litigation risk.
Our team routinely conducts patent landscape analyses to assess third-party IP positions, identify white-space opportunities, and inform R&D and business strategy. We also advise on technology licensing, IP valuation, and IP-focused due diligence for mergers, acquisitions, and strategic transactions in the electronics industry.