Health Care Intellectual Property

In an industry that is highly technology-dependent, developers and providers of health-related products, services and technologies rely heavily on proprietary information, processes and other intellectual property.

Seyfarth combines its nationally recognized Health Law and Intellectual Property practices to help health care and life sciences clients identify, protect and exploit their intellectual property assets within the complex regulatory challenges unique to the health care industry.  Our Health Care Intellectual Property team includes attorneys with advanced degrees in molecular biology, biochemistry, pharmacology as well as organic chemistry.  Our highly experienced professionals have previously held such positions as CEO of an immune-oncology start-up, general counsel of a private equity firm focused on investments in the life sciences industry and USPTO Examiner.

Our team’s practice handles all aspects of pharmaceutical and biotechnology patent counseling, due diligence and licensing/transactional matters; as well as patent prosecution, litigation and opinion work. We prepare and prosecute patent applications and regularly counsel clients through intellectual property audits, management programs and enforcement initiatives. Our experienced intellectual property attorneys provide guidance with regard to advertising, marketing, Internet, information technology, copyright, trademark patent, antitrust and unfair competition law. When infringement and other unfair practices are identified, time is of the essence. Our team of experienced, aggressive litigators responds quickly to potential threats and helps minimize losses due to the unauthorized use of proprietary technology.

We also have experience counseling clients in licensing matters regarding biotech and genetics, medical products, software and hardware, -e-commerce, and pharmaceutical products, as well as licensing for health information exchanges, electronic medical record, pharmacy management and related technology. Our team has negotiated large numbers of biomedical patent licenses, asset purchase agreements and joint-development agreements. Specifically, we have prepared services and support agreements, software licenses, and Internet hosting agreements and have managed large trademark and patent portfolios for a variety of clients in the healthcare arena.

Our Difference

  • Recognized as a Tier 1 national Health Law practice by U.S. News & World Report (2014-2019)
  • Recognized as a leading, nationwide Health Law practice by The Legal 500 (2012-2014, 2016-2018)
  • Ranked among the top 50 largest Health Care law firms in 2016 by Modern Healthcare (2016-2018)
  • Named one of the top law firms for intellectual property litigation work in BTI’s Litigation Outlook 2018 (2015-2018)
  • Seyfarth’s BioLoquitur Blog Selected as a Top 10 Pharma Patent Blog (2017)

In September 2016, Seyfarth Shaw acquired Fanelli Haag, a preiminent intellectual property boutique based in Washington, D.C. Fanelli Haag was reconized as “Most-Favored IP Boutique — One of the best firms in IP,” according to a report from BTI Consulting Group in 2015. In 2016, CorporateINTL Magazine named Fanelli Haag “2016 Biotech Patent Law Firm of the Year” in Washington, D.C.

Track Record of Results

  • CIBA Vision v. Johnson & Johnson (2005-2008) in infringement action brought in the Middle District of Florida to enforce its patents relating to the next generation of contact lens technology
  • Representing a publically traded European biotechnology company in a wide range of patent prosecution, opinion and license negotiation matters
  • Represented Arrowhead Research Corporation in its:
    • Calando Pharmaceuticals, Inc. subsidiary’s drug development partnership deal with Cerulean Pharma, Inc. worth a multi-million upfront and milestone payment plus royalties for CyclosertTM small molecule delivery platform and its associated IT-101 (now CRLX101) phase II lead drug
    •  Sale of its Tego Biosciences subsidiary to Luna Innovations, Inc. (NASDAQ: LUNA) in a deal worth a great deal in upfront and milestone payments plus royalties.
    • Formation of MD Anderson Spin Out Ablaris Therapeutics, Inc.
    • Acquisition of Hoffmann-La Roche’s entire RNAi Therapeutics business unit
    • Acquisition of Alvos Therapeutics, Inc.
    • Joint Development Collaboration with Shire AG
    • Joint Development Collaboration with CENIX AG
    • Placement of large amount in securities in 2013 and 2014
    • Joint Development Collaboration with Alnylam Pharmaceuticals, Inc.
  • Represented Ho v. Furcht in USPTO Interference No. 105,953 (2014); obtained complete victory for client before USPTO BPAI/PTAB
  • Represented Prism Pharmaceuticals, Inc. in its acquisition by Baxter International, Inc.
  • Co-founded, served as Acting CEO of and then ultimately sold PhosImmune, Inc. to Agenus, Inc. (NASDAQ: AGEN)