Intellectual Property
Intellectual Property is often the most valuable asset of a successful Life Sciences company. The attorneys practicing intellectual property law within Porzio's Life Sciences Industry Group offer a full spectrum of legal services that secure and protect these assets.
At the heart of the group are attorneys with extensive experience prosecuting patents directed to the novel aspects of pharmaceutical and biotech-based inventions as well as medical devices. Members of the team each have more than 20 years of experience in patent prosecution and the preparation of novelty and freedom-to-operate opinions.
We also have the infrastructure needed to file for patents throughout the world either directly or through the Patent Cooperation Treaty, working with our carefully vetted worldwide network of patent attorneys. These same Porzio attorneys can also assist Life Sciences companies with the licensing of their patents and related confidential information.
In patent disputes, our attorneys litigate both traditional and ANDA infringement and validity cases as well as antitrust claims. We appear before the Board of Patent Appeals when traditional prosecution efforts do not yield the desired result. We also have extensive experience in patent interference practice. Our patent litigation team is anchored by a patent litigator and trial lawyer, trained in the chemical, biotechnology, drug delivery and nanotechnology arts, who has more than 20 years of experience handling patent cases for Life Sciences companies.
If a Life Science company’s business plan involves direct marketing of the new compound or device, our trademark practice group can assist in choosing and registering the name under which the substance or device will be marketed. The trademark group includes an attorney who previously worked in-house for Life Sciences companies and another who practiced with the United States Patent and Trademark Office before entering private practice. Their experiences afford the group a rare insight in name clearance issues under both FDA standards and those of the USPTO and add value to the trademark selection and registration services we offer.
As the company matures, if there is a dispute involving the infringement of intellectual property rights, our group litigates matters that encompass trademark issues, misappropriation of trade secrets, violation of restrictive covenants, false advertising and unfair competition in both federal and state court venues as well as before the Trademark Trial and Appeal Board, as appropriate.
