We counsel pharmaceutical companies, medical centers, medical research foundations, and other health care businesses on franchise, licensing, patent, trademark, copyright and other intellectual property protection issues, including filing and obtaining issuance and registrations for intellectual property, domestically and internationally. Our lawyers represent clients in disputes involving trade secrets, patents, trademarks, trade address and copyright, contract, fraud and anti-counterfeiting litigation.
Biotechnology companies also turn to us for assistance in structuring transactions, forming strategic alliances, and identifying, securing and protecting IP rights. Locke Lord has decades of experience representing companies in the seed industry and was one of the early leaders in providing highly specific counseling and litigation services to the biotechnology industry. We provide knowledgeable and practical assistance in all of the relevant disciplines: procurement of PVP and patent rights, negotiation of joint venture, confidentiality and non-disclosure, material transfer, production and distribution agreements and assistance in obtaining regulatory approvals.
Among our accomplishments we have:
- Representation of a major biotech trait provider in connection with international ring tests involving PCR methods, methods validation and laboratory accreditation agreements, seed testing services agreements, material transfer agreements, methods transfer agreements, licensing and confidentiality agreements.
- Representation of seed companies and seed producers in joint ventures, germplasm pooling and exchange agreements and cooperative research and development agreements.
- Representation of a medical university in agreements with other research institutions to develop and commercialize marine biological compounds as neurological anti-inflammatory agent.
- Representation of a seed distributor in a recent case involving the applicability of the first sale doctrine and relevant royalty rates.
- Representation of a major research institution on patents for software, equipment, and processing of data to indicate and predict the occurrence of maternity labor.
- Representation of a major research institution for patents on multi-stage nanoparticle identification, selection, integration, and therapeutic intracellular drug delivery.
- Representation of a major research institution for patents on ventricular heart pump, dual lumen catheters, orthopedic alignment equipment, and endoscopic improvements and procedures.
- Representation of a start-up enterprise in trademarks, and contract disputes over ownership of intellectual property.
- Perform patentability analysis and opinions of gene therapeutic patents.
- Representation of drug manufacturers in obtaining patents.
- Representation of drug manufacturers in avoiding patent infringement (e.g., in completing patent clearance analyses, obtaining licenses to patented materials, identifying design-arounds, and providing patent noninfringement or invalidity opinions when warranted).