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Opportunities and obstacles need to be identified before they arise—not after the fact. Nowhere is this business reality more critical than in the life science and chemical industries.

Intellectual property protection provides a critical competitive edge in staying one step ahead of your competition. At the same time, it is important to identify a clear path to market that avoids potential intellectual property landmines. In the event an intellectual property dispute arises, you need counsel who understand your business goals as well as your legal needs. Your counsel must be able to craft solutions that make legal sense and propose solutions that make business sense.

Dickstein Shapiro combines more than 200 years of experience in all facets of intellectual property legal practice with a team of highly skilled and technically trained attorneys and staff with the background and practical real world experience needed to address your business and legal needs. We take the time to understand your business first. Like a doctor examining a patient, your IP counsel need to understand your business health and goals before prescribing treatment. Our IP attorneys have extensive experience in patent litigation, patent prosecution, opinion work, and licensing relating to pharmaceuticals, biotechnology, chemical processing, and medical devices.

We anticipate legal issues before they arise by combining depth of experience with a broad range of skills in all facets of intellectual property law. We draft your patent applications and opinions with an eye toward how to protect your intellectual property in the event of litigation. Likewise, our patent litigators have a deep understanding of patent prosecution and licensing and apply this knowledge to each case. Our team approach ensures that you will have a cost-effective team of lawyers with skills to match your needs.

Members of our IP Practice are recognized leaders in this area of law, and they have lectured extensively, including for groups such as ABA, AIPLA, and PLI and have published books and articles on intellectual property issues. Our attorneys are regular speakers at domestic and international conferences and are frequently sought for their expert legal opinions. The firm is a member of the Biotechnology Industry Organization (BIO), and our attorneys frequently lecture and present to audiences in this industry sector.

Representative Litigations:

• Arthrex, Inc., in connection with patent litigation relating to high strength suture, in which the firm successfully defended Arthrex against an infringement claim by Johnson & Johnson seeking a multi-hundred million dollar award;
• Arthrex, Inc., in connection with patent litigation relating to a method for ACL reconstruction against a Johnson & Johnson subsidiary, in which the firm obtained summary judgment of infringement for Arthrex—a rarity in patent cases—and ultimately obtained a settlement in which the subsidiary agreed to withdraw its product and pay the full amount of damages sought by Arthrex;
• Arthrex, Inc., in connection with an appeal to the U.S. Court of Appeals for the Federal Circuit of an adverse jury verdict of patent infringement, in which the firm secured a stay of injunction and a reversal/remand for a new trial with a favorable claim construction;
• Millipore Corp., in connection with a patent litigation relating to an aseptic fluid transfer device;
• Allied Colloids Ltd., in connection with patent litigation relating to polymers in which the case settled with Allied Colloids paying no damages;
• Ballard Medical Products, Inc., in connection with patent litigation relating to medical products resulting in a seven-figure settlement and forward royalties in excess of 20 percent;
• Astra Tech AB, in connection with an ex parte reexamination before the USPTO in technology involving dental implant technology;
• Entact Inc., in connection with patent litigation related to environmental chemical processes in which Entact Inc. obtained summary judgment confirming its noninfringement;
• Bruce Saffran, M.D., in a successful patent litigation against Boston Scientific Corporation in connection with patents pertaining to drug-eluting stent technology, in which the firm obtained a favorable settlement for Dr. Saffran;
• Bruce Saffran, M.D., in a successful patent litigation against Johnson & Johnson and Cordis Corp., in connection with patents pertaining to drug-eluting stent technology, in which the firm obtained a favorable settlement for Dr. Saffran;
• W.L. Gore & Associates, Inc., in which the firm successfully defended Gore in connection with patent litigation relating to modular stent-grafts, resulting in summary judgment confirming Gore’s noninfringement;
• W.L. Gore & Associates, Inc., in which the firm successfully defended Gore in connection with patent litigation relating to the structure and metallurgy of stent-grafts; and
• W.L. Gore & Associates, Inc., in which the firm successfully defended Gore in connection with patent litigation related to medical devices that are used to endoluminally treat defects in the septal wall of the heart.

Representative Transactions and Counseling Engagements:

• Arthrex, Inc., in connection with opinions, licensing and patent prosecution relating to instruments and implants for arthroscopic surgery;
• Pfizer Inc, in connection with patent opinions and acquisition of intellectual property rights pertaining to biotechnology;
• Medarex, Inc., in connection with the acquisition of intellectual property rights pertaining to antibodies;
• Ferring Pharmaceuticals, Inc., in connection with opinion and licensing of intellectual property rights pertaining to biotech products;
• CV Therapeutics, Inc., in connection with due diligence and licensing of intellectual property rights pertaining to human pharmaceuticals;
• NovaDel Pharma Inc., in connection with acquisition, licensing, and opinions relating to intellectual property rights pertaining to human pharmaceuticals;
• Novozymes of North America, Inc., in connection with enzymatic bio-ethanol generation and funding issues in the U.S. Congress and before various federal and state administrative agencies;
• Hitachi Ltd., in connection with intellectual property licensing and patent opinions relating to the development of chemical and biochemical products and processes including genetic diagnostic chips;
• Comecer S.p.A., in connection with systems for automatic production of radioisotopes designed to improve radioisotope production efficiency, useful in chemistry, biology, and in medicine for diagnosis and therapy;
• Sectra Mamea AB, in connection with intellectual property advice specific to the development of a digital mammography apparatus with a slot beam to detect tumors and micro-calcifications;
• Alpharma U.S. Pharmaceutical Division Inc., in connection with the development of human pharmaceutical products, acquisition of intellectual property, and intellectual property litigation relating to human pharmaceuticals;
• Alpharma Animal Health Division Inc., in connection with the development of veterinary pharmaceutical products and acquisition and licensing of biotechnology intellectual property rights;
• DuPont, in connection with acquisition of intellectual property rights pertaining to biotechnology and polymeric coatings;
• Johns Hopkins University, Iowa State University Research Foundation, Inc., and The Pennsylvania State University, in connection with the acquisition of biotechnology patent rights;
• Various European, Japanese, and other foreign intellectual property law firms, in connection with the acquisition of biotechnology and life sciences patents for their clients in the United States;
• Arno Therapeutics, Inc., Tigris Pharmaceuticals, Inc., Nile Pharmaceuticals, Inc., and Danube Pharmaceuticals, Inc., in connection with the acquisition, licensing, and opinions relating to intellectual property rights pertaining to human pharmaceuticals; and
• Eastern Virginia Medical School, in connection with acquisition, licensing, and opinions relating to intellectual property rights pertaining to human pharmaceutical products based on the human hormonal system.