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Intellectual Property: Pharmaceutical Arts

LeClairRyan offers a broad range of intellectual property services that are particularly focused on the pharmaceutical arts. We regularly assist clients with strategically managing their patent portfolios and work with them to protect and maximize the value of their intellectual property rights. Our team of attorneys, patent agents, and Ph.D. technical specialists offers a full range of intellectual property services, including:

  • Drafting patent applications and prosecuting them through the U.S. Patent and Trademark Office
  • Managing foreign patent prosecution
  • Rendering invalidity, non-infringement and freedom-to-operate opinions
  • Conducting intellectual property due diligence
  • Preparing and negotiating license agreements
  • Conducting inventorship analyses and managing inventorship disputes
  • Determining priority in complex interferences
  • Litigating patents in both national and international venues, including ANDA litigations
  • Trademark clearance, prosecution and licensing

Many of our attorneys and technical specialists hold degrees in fields such as chemistry, biophysics, structural biology, biophysical and computational chemistry, and toxicology. We have substantial experience and knowledge in a variety of areas in the pharmaceutical arts, including:

  • Organic chemistry, computational chemistry and inorganic chemistry
  • Biochemistry, biophysics, toxicology, and molecular biology
  • Medicinal chemistry including new formulations, adjuvants, polymorphs, peptidomimetics, and methods of treatment
  • Vaccine components and their formulations
  • Drug delivery formulations (e.g., sustained release formulations)
  • Immuno-therapeutics
  • Combinatorial chemistry based screening assays for drug design

Our team is experienced in developing and executing intellectual property prosecution strategies to protect a client’s products and analyze those of its competitors. In addition, we have a particular depth of experience in pharmaceutical patent litigation relating to prescription drug products and complex processes of manufacture.

Our team possesses substantial experience in post-issuance practice (interferences, reexaminations, reissues, and oppositions). We have handled a number of interferences before the U.S. Patent and Trademark Office on various types of technology, including pharmaceutical products and formulations. We routinely prosecute reexaminations as a strategic means to attack a competitor’s patent, either alone or in parallel with patent litigation. We have also utilized reissues to broaden or correct an issued patent as well as handle inventorship disputes. In addition, we have worked with foreign counsel in both Europe and Australia to manage opposition proceedings, particularly in cases that involve corresponding U.S. patent disputes.

Our clients range from leading companies to mid-size pharmaceutical companies to start-ups. We have experience working with technology transfer offices of large and small universities as well as the licensees that hold rights in the university-owned patents.

Contact

  • 585.270.2101