We understand that life sciences companies need intellectual property counsel who speak the same language and have the technical experience and background to deliver effective support in patent preparation and prosecution, litigation and licensing. Our proven ability to devise unique strategies in the design and leverage of patent portfolios through prosecution, life cycle management, litigation, and regulatory exclusivity provides real value to clients in this competitive environment.
Patent Prosecution, Opinions and Counseling
Protecting intellectual property and technology assets in the constantly evolving life sciences sector is an ongoing process. Our lawyers do more than just draft patent applications. We provide a complete range of patent legal assistance in connection with the acquisition, maintenance, and enforcement of patent rights. We teach our clients’ inventors about patent submission and the preservation of research and development documentation, and we work with our clients to prioritize research targets to identify areas for intellectual property portfolio expansion. Our lawyers help our clients monitor competitive patent activities, analyze the strengths and weaknesses of their own and of competitors’ intellectual property portfolios, manage product life cycles (including in the context of Hatch-Waxman), and design or re-design products to avoid third-party intellectual property. We also provide clients with formal and informal patentability, validity, infringement and freedom-to-operate evaluations and opinions.
Our patent litigation team was ranked #2 nationally in the 2016 Patent Litigation Survey conducted by Corporate Counsel magazine for the number of patent cases handled. We have extensive experience in life sciences patent litigation, which gives our team the flexibility to handle even the most complicated bet-the-company litigation efficiently and successfully. We manage pharmaceutical and biotechnology patent and trade secret infringement litigation, including Hatch-Waxman litigation, disputes relating to development or licensing agreements, and inventorship disputes, as well as related adversary proceedings at the PTO. This includes challenges to validity in inter partes review proceedings under the America Invents Act.
Overall, our experienced first-chair litigators have an outstanding win rate. We leverage our lawyers’ broad patent litigation experience and deep scientific knowledge across a wide spectrum of technologies. We understand how underlying regulatory frameworks impact litigation strategy and have experience in litigating and managing related proceedings in other forums, such as in companion PTO proceedings. As a result, we are able to identify and understand the legal and scientific nuances that can make or break a case. At the same time, our experience and broad-based capabilities enable us to assess realistically the chances of success in litigation so that we can properly weigh settlement opportunities and counsel our clients on strategic options.
Licensing Agreements and Transactions
We have broad experience advising clients on transaction-related issues, negotiating solid deal terms, and achieving their strategic business objectives. Within the last several years alone we have represented clients involved in deals (acquiring and selling) totaling over $100 billion dollars, which involved evaluating intellectual property assets, conducting due diligence and audits, and negotiating agreements, including for mergers, acquisitions and initial public offerings (IPOs). Our lawyers also have experience in negotiating agreements commonly used to facilitate research at higher education institutions, such as sponsored research agreements, licensing agreements, material transfer agreements, confidentiality and nondisclosure agreements, memoranda of understanding, joint development agreements, and inter-institutional agreements.
Our intellectual property lawyers have a proven track record of helping clients protect and strengthen their brands. We help clients distinguish their businesses in a highly competitive life sciences marketplace, while often navigating a host of consumer protection regulations. We also represent companies in unfair competition matters, helping them resolve disputes with competitors and regulators across the Unites States and internationally.
We understand how vital competitive intelligence and other confidential information are to our clients. This is especially true for companies in the life sciences industry where joint ventures, collaborative partnerships and increased employee mobility are higher than average. Not only do we help our clients protect their trade secrets, we also help defend them against claims of trade secret theft. Our lawyers have the technological knowledge and legal experience to successfully represent clients in actions and negotiations related to trade secrets.