Troutman Pepper helps health sciences clients protect and commercialise their IP assets while minimising the risk of liability. We help pharmaceutical and medical device companies and healthcare providers with the full gamut of IP matters, including patents, copyright, trademarks, trade secret protection, unfair competition, privacy and technology-related transactions. We recognise that intellectual property is a vital part of each client’s asset portfolio and, when conflicts arise, we work to efficiently resolve disputes through litigation or alternative methods.
Our team includes patent lawyers and patent agents experienced in securing patent protection for pharmaceuticals, nutraceuticals, medical devices and other medical and life sciences-related products and methods. Many of our lawyers are scientists with advanced degrees who have had hands-on experience in scientific and medical research. The knowledge, skill and inventiveness gained in the scientific disciplines makes us more efficient and effective in the practice of law.
We work with clients to help them identify their current IP assets and to put in place effective procedures to capture all of the innovations resulting from research and development efforts. We also help clients maximise the value of their patent portfolio, from negotiating strategic relationships to identifying and monitoring trends in important technologies. In addition, we conduct due diligence reviews of the patent and other IP rights of individuals or entities under consideration for funding or acquisition to help clients assess the value and risks associated with these transactions.
We also advise on the interplay between Food and Drug Administration regulations and patent law on products such as pharmaceuticals, nutraceuticals and medical devices. We are experienced in counselling drug companies on the unique patent issues related to drug development, including Orange Book listings, label claims, patent term restoration and extension, and subtle issues of written description, enablement, genus and species issues, as well as anticipation and obviousness in the unpredictable arts.
Our experience includes representing universities and research institutions – including government-funded laboratories and the National Institutes of Health – as well as emerging technology companies and multinational corporations.
Our patent lawyers understand that, in the highly competitive pharmaceutical and medical device marketplace, companies also must be ever-vigilant against the threat of litigation. We provide clients with legal opinions regarding the validity, enforceability or infringement of a competing patent. We also advise clients on their freedom to operate or sell their products without infringing on the patent rights of others.
In addition, we defend clients against charges of patent infringement and pursue infringers of our client’s patented technologies. This is frequently high-stakes litigation, where a loss can result in the loss of an entire product line or even the entire company. Our team is experienced and capable in all forms of patent litigation, including patent disputes in federal district courts (including in all districts with special patent case rules or high volumes of patent litigation), patent litigation before the International Trade Commission, and inter partes review and other post-grant proceedings before the Patent Trial and Appeal Board. In fact, Docket Navigator named the firm among its “Top Ten PTAB Firms for Patent Owners” in 2019.
We also assist companies with due diligence and other IP advice related to transactions, technology transfers and licensing issues. Our clients include universities and research institutions that develop and license technology to industry, innovative biotech and device companies seeking to capitalise on their inventions, and major pharmaceutical and medical device companies in the IP aspects of both in and out-licensing transactions, mergers, acquisitions and similar transactions. We also provide counsel on the funding side, helping our clients obtain debt or equity financing and advising venture capital funds that target pharmaceutical and medical device companies.
As a truly global practice, our IP experience extends beyond the United States. We structure, draft and negotiate agreements between domestic companies and foreign companies and domestic companies’ foreign counterparts, including arrangements in countries throughout Europe, the Middle East, Asia and Latin America.
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Pittsburgh PA 15219-4429
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