The lifeblood of pharmaceutical, biotech and medical technology companies is their products and the intellectual property protecting them. Nearly half of the more than 100 members of King & Spalding’s intellectual property team devote a significant part of their practices to these industries. Our IP professionals have a diverse range of industry and technical experience, with more than 20 holding advanced degrees (including 24 Ph.D.s) in areas such as biophysics, biochemistry, organic chemistry, pharmacology, chemical and mechanical engineering, immunology, neuroscience, genetics, molecular biology and protein chemistry.
From emerging biotech to Fortune 100 branded pharmaceutical companies, universities, and investment firms, our clients turn to King & Spalding’s nationally renowned intellectual property team for winning strategies in developing their portfolios, capitalizing on licensing and investment opportunities, and litigating to protect their technology, products and rights.
Patent Litigation
King & Spalding’s patent litigators have proven experience in the trial and appeal of a variety of pharmaceutical, biotech and medical technology patent cases, including particular expertise in the litigation and trial of ANDA Hatch-Waxman actions on behalf of branded pharmaceutical clients as well as matters before the International Trade Commission and the Board of Patent Appeals and Interferences. We work closely in teams with our antitrust and FDA & life sciences regulatory practices to develop thoughtful litigation strategies. King & Spalding also recognizes the importance of understanding our clients’ needs in helping to best position them before litigation commences, to litigate more offensively and efficiently, and to achieve results that best promote their business objectives through trial or settlement. Over the past ten years our patent litigators have:
- tried to verdict more than 45 District Court cases, including both jury and bench trials;
- argued more than 30 appeals;
- settled more than 170 cases favorably prior to or after trial;
- had more than 30 cases decided on summary judgment;
- resolved more than 60 disputes through arbitration, mediation or proceedings in administrative tribunals; and
- conducted more than 60 Markman claim construction hearings.
Patent Prosecution
King & Spalding professionals leverage their legal and scientific expertise to build patent portfolios for clients in virtually all pharmaceutical, biotechnology and medical technology disciplines. Clients rely on our professionals for patent strategy in the fields of recombinant genes and proteins, vaccines, diagnostics immunology, drug delivery systems, bioinformatics, small molecule therapeutics, medical devices and many others. To obtain strong, effective and valuable patent protection, King & Spalding’s attorneys, patent agents and scientific advisors, many of whom hold doctorates, work closely with clients to understand their inventions and commercial objectives. King & Spalding’s professionals have significant expertise in the management of complex international patent portfolios and collaborate with foreign associates throughout the world to protect and enforce international patent rights. Our professionals prosecute patent applications that withstand challenge in litigation and build value for our clients.
In addition to securing patent rights for our clients, King & Spalding professionals also develop strategies to avoid or challenge patents owned by others that pose a threat to the commercialization of our clients’ technology. Our attorneys also have extensive experience in rendering opinions on patent infringement and validity, as well as handling interferences, foreign opposition proceedings, reissues and reexaminations. Patents procured by King & Spalding attorneys have earned hundreds of millions of dollars in royalties.
Licensing, Diligence and Transactional Practice
King & Spalding’s intellectual property attorneys, often in conjunction with our corporate attorneys, conduct due diligence in connection with pre-litigation case assessments, public and private offerings, acquisitions and licensing and other technology transfer agreements. Clients including small start-ups, large multi-national corporations, universities, venture capitalists, banks and other types of investors, rely on the depth and breadth of our technical, industry and legal expertise to maximize the value of deals in the biotechnology, pharmaceutical and medical technology areas. Our attorneys also represent clients in all phases of technology licensing including negotiating terms and drafting agreements.
Trademark Procurement and Protection
King & Spalding’s trademark practice is global, with both a domestic and an international focus. Our attorneys work closely with clients to address their trademark, copyright and trade secret issues, providing strategic counseling, prosecution, licensing, due diligence and litigation services to achieve the highest level of protection for their intellectual property with expediency and efficiency. We understand the specialized issues facing pharmaceutical, biotech and medical technology companies, including the need to account for review by the Food and Drug Administration when clearing a trademark, and often collaborate on strategies with our FDA & Life Sciences Practice Group. Our litigators also have substantial experience in the trial of trademark, false advertising and anti-counterfeiting matters in federal courts across the U.S. as well as before administrative agencies such as the TTAB and NAD.
