For life sciences companies, intellectual property is among their most valuable assets. It is also among the assets most likely to be lost, stolen or misused. McDermott’s intellectual property lawyers, patent agents and scientific advisors deliver a full array of legal services to help life sciences companies evaluate, acquire and leverage key intellectual property rights.
Working with life sciences companies around the world of all sizes and at all stages, McDermott’s IP team—most of whom have advanced scientific and technical degrees—provide strategic counseling to develop and manage clients’ patent and trademark portfolios and ensure alignment with business objectives. Combining our top-notch courtroom experience with deep scientific capabilities, we partner with clients to develop comprehensive strategies to maximize the value of their intellectual property.
We are at our best advising clients as a strategic partner. A core element of our practice, we work with clients to develop and manage patent and trademark portfolios that are aligned with business objectives. We provide a full array of services to protect our clients’ assets, obtain patent and trademark protection, and provide patentability, trademark clearance, infringement, validity and freedom-to-operate opinions. Clients appreciate our ability to advise on transactions that involve existing or to-be-developed intellectual property, including outsourcing and licensing agreements and IP due diligence associated with M&A activity.
We forcefully advocate for life sciences clients, particularly in “bet the company” litigation. For example, in the United States we are steeped in pharmaceutical patent litigations under the Hatch-Waxman Act involving some of the best-selling prescription drug products. We are pioneers in the biologics space and have handled medical device infringement actions covering a wide range of technologies.
Combining our strategic approach to IP and our comprehensive service offering, clients appreciate—and value—our ability to deliver real results. Ultimately, life sciences companies can trust McDermott to address the full range of IP needs to achieve business success.
Hatch-Waxman/ANDA litigation requires lawyers with a solid knowledge of the law and an in-depth understanding of the technologies that underlie pharmaceutical products. Our intellectual property litigators have represented clients in Hatch-Waxman/ANDA litigation involving some of the world’s best-selling drugs. We advise clients at every step, from developing US Patent and Trademark Office (USPTO) and FDA strategies, to compliance with ANDA Paragraph IV certification requirements. We take a proactive approach to preventing and minimizing litigation risks; however, when disputes arise we defend our clients’ interests aggressively before judges and juries, and negotiate effective settlements in line with businesses’ long-term goals.