POWERFUL ADVOCATES

Intellectual Property - Health Sciences

Pepper helps health sciences clients protect and commercialize their intellectual property assets while minimizing the risk of liability. 

We help pharmaceutical and medical device companies and health care providers with the full gamut of intellectual property matters, including patents, copyrights, trademarks, trade secret protection, unfair competition, privacy, and technology-related transactions. We recognize that IP 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 of more than 50 practitioners includes patent lawyers and patent agents experienced in securing patent protection for pharmaceuticals, nutraceuticals, medical devices and other medical and life science-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 intellectual property assets and to put in place effective procedures to capture all of the innovations resulting from research and development efforts.  We also help clients maximize 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 intellectual property rights of individuals or entities under consideration for funding or acquisition, to help clients assess the value and risks associated with such transactions.

We also advise on the interplay between FDA regulations and patent law on products such as pharmaceuticals, nutraceuticals and medical devices.  We are experienced in counseling drug companies on the unique patent issues related to drug development, including Orange Book listings, label claims, patent terms restoration and extension, and subtle issues of written description, enablement, genus and species issues, and anticipation and obviousness in the “unpredictable arts.”

Our experience includes representing universities and research institutions – including government-funded laboratories and the NIH – as well as emerging technology companies and multi-national 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 in inter partes review and other post-grant proceedings before the Patent Trial and Appeal Board (PTAB).  In fact, Docket Navigator recently ranked Pepper as one of the top 25 firms both in PTAB matters and in federal district court patent litigation.

We also assist companies with due diligence and other IP advice related to transactions, technology transfer and licensing issues. Our clients include universities and research institutions that develop and license technology to industry, innovative biotech and device companies seeking to capitalize 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 both domestic companies and domestic companies and their foreign counterparts, including arrangements in countries throughout Europe, the Middle East, Asia, and Latin America.