Our deep bench of life science attorneys offers our pharmaceutical and biotech clients the full range of IP services, including patent litigation and post-grant proceedings, global patent prosecution and portfolio management, freedom-to-operate and validity opinions, due diligence counseling and license negotiation.
With strong technical backgrounds and decades of legal experience, our attorneys effectively counsel our clients in navigating complex IP issues, involving small molecule therapeutics, biologics, diagnostics, vaccines and biomedical devices. We are proud to provide service to pharmaceutical and biotech companies of all sizes from Fortune 500 companies to startups and research universities.
Partnering With You to Solve IP Issues
We are keenly aware of the challenges and opportunities inherent in the life sciences and biotech spaces. We partner with our innovator and generic clients to develop and execute successful IP strategies, from building strong patent portfolios through patent prosecution and strategic acquisitions to litigating and resolving high-stakes patent disputes in federal district court and before the Patent Trial and Appeal Board (PTAB).
Patent Counseling, Licensing & Transactions
IP is the cornerstone of a life science company’s business. The strength of patents covering an asset often determines whether the asset is developed or a transaction proceeds. We regularly provide counseling and due diligence for transactions involving small molecules, biologics and cellular therapies, evaluating risks and helping structure and close mid-to-high value deals in upfront, milestone, and royalty payments. We draft license agreements that enable our clients and their partners to unlock value in IP through joint efforts. In addition, we provide actionable advice by performing white-space analysis; investigating and issuing opinions relating to patentability and freedom-to-operate; and investigating and issuing opinions relating to non-infringement, invalidity and/or enforceability. We also counsel U.S. and foreign clients on patent eligibility questions unique to the United States that often arise for diagnostics, bioinformatics, laboratory management and other life science innovations.
Patent Litigation
Our team has decades of experience litigating life science disputes, including Hatch-Waxman litigation in federal district court, post-grant proceedings before PTAB, and appeals in the U.S. Court of Appeals for the Federal Circuit, as well as in other federal circuit courts. Harnessing our diverse technical backgrounds and extensive trial and appellate experience, we provide effective litigation strategies focused on achieving our clients’ business goals. To ensure the best outcomes, whether it be by engaging in litigation or avoiding it, we counsel our clients on legal strategy at every stage of a product’s life cycle, from acquisition or concept through product development, FDA approval and launch. We pride ourselves on communicating efficiently and effectively with our clients to ensure that they have a clear understanding of each action we advise taking, and to reduce uncertainty both prior to and during litigation.
Patent Prosecution
We have decades of experience working with clients to develop carefully tailored patent prosecution strategies that meet our clients’ particular needs, goals and constraints. We counsel start-up companies that need to protect their early discoveries while attracting funding or collaborating with others, all the while making the company more attractive for investment or acquisition. We also manage critical global patent portfolios for Fortune 500 companies as they strive to bring life-saving technologies to the world. We have an excellent network of foreign associates who partner with us to secure patent protection for clients around the world. We have successfully obtained patents, including Orange Book listed patents, covering our client’s FDA-approved treatments. We have garnered patent protection in a wide variety of life science technologies, including small molecules, biologics, vaccines, peptides, CRISPR-based genome editing, viral vectors for gene therapy, CAR-T and other cellular therapies, medical devices, diagnostic tools, nutritional supplements, biocides, nanotechnologies, drug delivery technologies and others.