Capabilities
We are skilled in handling large patent portfolios with an eye to providing sophisticated legal services while still controlling cost. We are client-focused and have deep and long-standing relationships where client input and satisfaction are among our top priorities. Our team demonstrates is skilled at handling cases and projects throughout the life sciences space including in the fields of:
- Agroscience/Small Molecule and Genetic Based Agro Solutions
- Biologicals
- Bioinformatics/ In Silico Technology
- Biomarkers/Probes/Primers
- Chemical Engineering/Processes
- Diagnostics/PCR Technology/Assays
- Food Technology (including enzymes, proteins, fermentation, genome based technology, GMOs, and seed traits)
- Immunology
- Material Science/Polymers
- Medical Devices/Microfluidics
- Molecular and Cellular Biology
- Natural Products/Compositions and Methods (including handling 35 U.S.C. § 101 issues)
- Nanotechnology
- Neurosciences
- Nutraceuticals
- Organic Chemistry/Stereochemistry/Enantiomers/Crystalline Structures
- Personalized Medicine/Gene Therapy
- Pharmacology
- Protein Chemistry
- Recombinant DNA
- Small Molecule Chemistry for Pharma and Agro
- Stem Cells and Regenerative Medicine
- T-cells and Engineered T-cell Therapies
- Vaccine Technologies
Our life sciences team has specific experience in the above topics and real-world experience assisting clients not only with patent prosecution issues, but also with business and litigation issues and the particular challenges and opportunities arising from the America Invents Act (“AIA”). We have the ability to assist clients with AIA Challenges and Proceedings. Our team is proficient at counseling, filing, and defending against USPTO-based challenges to pending U.S. applications and/or issued patents. Our lawyers have handled many post-grant proceedings, including inter partes matters, and we continue to represent clients in proceedings under the recently-enacted AIA provisions. We have taken these cases from start to finish, including lodging appeals to the Patent Trial & Appeal Board (PTAB). It is well-known that proceedings at the USPTO can be much cheaper and quicker to resolve than resorting to litigation in the federal district court. We assist clients with AIA proceedings designed to strengthen patent positions, including through reissue or supplemental exam, or through filing against third-party competitive patents. We are similarly well-positioned to defend patents or applications that have been challenged by Inter Partes Review, Ex Parte Reexam, Post Grant Review, Covered Business Methods, or Preissuance Submissions against pending applications.
Our life science attorneys and patent agents also work with clients in the fields of Biologicals and Biosimilars to assess and strategically plan for market clearance and entry as follows:
- Strategic management of IP portfolios to assess and take into account any exclusivity periods
- PTA calculations and how to maximize patent term during prosecution
- Assessing trade secret coverage and strategy post-Myriad
- Biosimilar patent dispute resolution process
- Due diligence and information exchange involving biosimilar producer
- Freedom to Operate Assessments
- Patent Challenges of Third Party Patents using AIA procedures, including reexam, IPR, PGR, and third party submission after publication
- Defending patent holders against AIA challenges, and reexam requests
- Valuation of IP estates
- Commercialization assistance and options, including licensing, joint venture agreements, and assessing possible anticompetitive issues
