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In Depth

Loeb & Loeb provides a full range of patent prosecution, licensing, litigation and strategic counseling services to clients from around the world in every technology field. With a principal focus on trial and litigation capability, we represent clients in all manner of patent disputes and have served as lead trial counsel in more than 100 patent, trade secret and other technology-related litigations involving pharmaceuticals, biotechnologies, medical devices, computer software, semiconductors, consumer products, mechanical devices, electronics and optics, among other areas.

Many of our patent attorneys have advanced technical degrees and professional backgrounds in both law and scientific disciplines, enabling them to communicate complex technology and difficult patent concepts in a clear and simple manner and offer invention-to-litigation resources unmatched by most firms. Specialized areas of capability include:

Hatch-Waxman Litigation and Pre-Litigation Counseling
Our patent litigators have extensive experience with interpreting and applying the Hatch-Waxman Act, including litigating infringement, validity and enforceability of patents on behalf of branded pharmaceutical companies. We have successfully represented major branded pharmaceutical and biotechnology companies in multidistrict Hatch-Waxman cases. We have also provided sophisticated advice to clients on related issues such as FDA exclusivity policies, FTC oversight of settlements and orphan drug rules.

Biosimilars and Biotechnology Litigation
Our patent team is well-versed in the strategic considerations raised by the biosimilars approval pathway. We have successfully represented biotechnology companies in high-stakes patent litigation and counseled clients on issues relating to the commercial exploitation of personalized medicine.

Consumer Products, Electronics, Internet and Software Litigation
Our attorneys have considerable expertise in consumer products, electronics, Internet and software patent litigation, particularly in representing defendants in actions brought by so-called patent trolls in the Eastern District of Texas and elsewhere. We have also successfully represented both plaintiffs and defendants in high-stakes litigation between competitors seeking to obtain or challenge an exclusive position in the market.

Patent Prosecution and Licensing
Loeb & Loeb’s technically diverse patent attorneys have prepared and prosecuted patent applications in a broad range of technology fields. We not only prepare, file and prosecute patent applications before the United States Patent and Trademark Office, but also represent clients in high-stakes licensing negotiations.

Strategic Counseling
Our clients frequently turn to Loeb & Loeb for advice on litigation avoidance, opinions on patentability of inventions, prior art searches, “freedom to operate” opinions, and opinions on patent infringement, invalidity and enforceability. We also work with clients to establish in-house patent programs and policies.

Due Diligence and Corporate Counseling
Loeb & Loeb’s patent attorneys and IP paralegals are frequently asked to investigate, analyze and comment on copyright, patent and trademark matters; trade secret portfolios; joint venture agreements and licenses; as well as open source issues.

Our expertise also extends well beyond patents to trade secrets, antitrust, government contracts, bankruptcy and many other fields. Such broad experience allows our attorneys to add value in antitrust litigation, government-related patent litigation, bankruptcy proceedings and insurance matters where patent issues arise.
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