dcsimg Intellectual Property - Life-Sciences

Life Sciences - Intellectual Property

For many pharmaceutical and life sciences companies, growth is achieved through the acquisition, sale or licensing of innovative biotech and other products. To help protect these intellectual property assets, McGuireWoods’ patent litigation team works hand-in-hand with growth companies to limit or block misuse by employees, investors or competitive entities. We also assist clients in the transfer of intellectual property rights from individual owners to corporations and privately held companies, and in protecting and maintaining those rights during merger or acquisition. In the unfortunate event that a client’s intellectual property is misappropriated, our experienced litigators provide effective service in the strategic enforcement and defense of clients’ rights.

With more than a collective 240 years of patent litigation experience, our patent professionals have extensive prior technical experience in the industry and with the U.S. Patent and Trademark Office (USPTO). Many also have advanced scientific degrees. Our clients include individuals, universities, the federal government, startup businesses and multinational corporations involved in patent enforcement or merger and acquisition activities.

Our lawyers understand the important role of intellectual property in the life sciences industry, and are well versed in the regulatory framework that spurs innovation in biotech, pharmaceuticals and medical devices. We provide a full range of legal services in the United States and abroad, including patent prosecution and defense, patent portfolio strategy development, monitoring of competitive technologies, guidance on trademark, copyright, trade secret protection and enforcement issues, pursuit of counterfeiters and gray-market diverters, and transactional due diligence on behalf of investors.

The abbreviated new drug application (ANDA) is a central point of contention between developers of new drugs and manufacturers of generic equivalents. On one hand, the potential for high earnings by the developers of new drugs and pharmaceuticals depends on effective protection of their patents. On the other hand, patent expiration can produce fresh opportunities for manufacturers who specialize in generic pharmaceuticals. To tap into the lucrative market for a popular pharmaceutical product, these companies must act quickly, via an ANDA filing, to acquire approval for manufacturing generic equivalents from the U.S. Food and Drug Administration (FDA). We help a broad range of pharmaceutical developers and manufacturers negotiate the difficult ground between research, production and marketing of their products. Among recent client matters, McGuireWoods’ patent litigation team defended one of the world’s leading manufacturers of prescription medicines — which specializes in the development, manufacture and marketing of generic pharmaceuticals — in a series of civil actions arising from their abbreviated new drug application (ANDA).

To protect our clients’ interests as effectively as possible, our litigation team works closely with firm lawyers who concentrate on specific areas of law, corporate transactions and litigation. We regularly advise clients in the following areas:

  • Ownership disputes
  • Media rights
  • Copyrights, licenses and transfers
  • Deceptive or misleading advertising
  • Domestic and international patent applications
  • Joint venture agreements
  • Trademarks and trade names

CONTACTS

Brian K. Parker Partner T: +1 412 667 7907
Timothy H. Kratz Partner T: +1 404 443 5730

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George J Barry III George J. Barry III
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5734
F: +1 404 443 5753
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Franklin Kang Franklin D. Kang
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8231
F: +1 310 956 3102
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Timothy H Kratz Timothy H. Kratz
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5730
F: +1 404 443 5784
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Brian Malkin Brian J. Malkin
Senior Counsel
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1704
F: +1 202 828 2964
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Cedric Tan Cedric C.Y. Tan
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 828 2812
F: +1 202 828 2977
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Article

Wait Three Years and Then Two Come at Once

European Commission Moves Against Pharma Patent Settlements

International Antitrust Bulletin, American Bar Association
2012, Vol. 3
Results 1-2 of 2