Intellectual Property Prosecution, Protection, Enforcement and Defense
We are highly experienced in all aspects of intellectual property protection, enforcement and defense in the area of patents, trademarks, and copyrights and proprietary business information. Our attorneys include those with experience in:
-
Advising startups, mid-market companies and multinational corporations concerning their patent portfolios.
-
Preparing, filing and prosecuting patent applications on a global basis.
-
Developing comprehensive strategies for the identification and procurement of patent protection, including intellectual property audits, the establishment of internal corporate patent programs and committees, and counseling clients on how to avoid public disclosures which can result in the loss of intellectual property rights.
-
Assist companies in technology transfers including in-licensing, out-licensing and joint projects with the private sector, the public sector, and academic institutions.
-
Counseling clients in the acquisition of intellectual property through the performance of comprehensive due diligence analyses.
Troutman Sanders intellectual property experience covers protection strategies spanning from conception of an innovation to expiration of intellectual property rights, including:
-
Extensive experience managing both national and international intellectual property portfolios for life sciences companies.
-
Strategies for managing cross-border intellectual property issues such as those involving parallel imports and reimportation and compliance programs for the copying and use of scientific, technical and medical publications across multiple jurisdictions for discovery, research and promotional purposes.
-
Infringement, non-infringement, validity, invalidity and freedom to operate opinions and review of clients’ portfolios both to facilitate marketplace introduction and ensure proper protection of commercial products, as well as to ensure that the technology area has been sufficiently covered to maximize blocking out our clients’ competitors.
-
Experience in the enforcement of (including ANDA litigation) and defense against patent rights, both in Federal courts throughout the United States, as well as at the Federal Circuit.
-
Specialized practice before the International Trade Commission.
-
Experience in enforcement and defense in Europe and Asia as well as coordinating multinational patent litigation.
Our trademark attorneys assist clients in selecting marks, evaluating them for availability and then clearing them to ensure their registrability and enforcement. They also prepare and prosecute trademark applications on a global basis, as well as counsel clients with respect to freedom to operate and enforce and defend trademark litigation on a global basis.
Intellectual Property Representative Matters
-
Counseling a start-up to ensure patent protection, securing comprehensive patent coverage and other considerations in connection with commercialization.
-
Auditing a company’s patent portfolio in light of the group’s litigation experience to suggest additional patent protection to enable the company to sue its competitors and achieve favorable settlements.
-
Performing due diligence for companies involved in mergers, acquisitions or licensing deals.
-
Defending a company charged with infringement and provoking a patent interference, which was successful in taking the allegedly infringed patent away from the original patentee and obtaining a patent for our client which assisted in successfully resolving the infringement suit.
-
Winning a patent interference and then selecting the district court in which the appeal would be heard, enhancing the client’s successful outcome.
-
Invalidating a patent our client was sued on by appealing an improvidently granted Preliminary Injunction to the Federal Circuit which held the patent invalid for lack of enablement.
-
Disposing of U.S. and Canadian intellectual property rights for major branded products pursuant to a multi-billion dollar merger of two large multi-national pharmaceutical companies.
-
Licensing of both trademarks and copyrights in the formation of an over the counter medicines joint venture and all follow-on restructuring issues.