Loeb & Loeb is nationally recognized for its excellence in the intellectual property arena and the firm’s patent practice is no exception. From our offices in New York, Los Angeles and Chicago, members of the Patent Group provide 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, Loeb & Loeb represents clients in all manner of patent disputes, including proceedings before the US International Trade Commission, in the US Court of Federal Claims, in the US Court of Appeals for the Federal Circuit, and in arbitration or in alternative dispute resolution (ADR) proceedings.
We have litigated patents 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. In addition, we represent clients in specialized matters before the United States Patent and Trademark Office (USPTO), including prosecution, reexamination and reissue proceedings.
Loeb’s attorneys also counsel clients on litigation avoidance and frequently resolve threatened litigation without suit. We have served as lead trial counsel in more than 100 patent, trade secret and other technology-related litigations. 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 and developing legal strategies for their products. We have successfully represented major branded pharmaceutical and biotechnology companies in multi-district 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 also well versed in the strategic considerations raised by the biosimilars approval pathway. We have successfully represented biotechnology companies in high-stakes patent litigation, putting us on the forefront of this important and growing area. In addition, we regularly counsel clients on issues relating to the commercial exploitation of personalized medicine.
Consumer Products, Electronics, Internet and Software Litigation
Loeb’s patent litigators have considerable expertise in consumer product, 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 industry knowledge and experience that we frequently bring to bear to resolve matters faster, and we are adept at applying the developing law to our clients’ benefit, further minimizing risk and expense in such cases. 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’s technically diverse patent attorneys have prepared and prosecuted patent applications in a broad range of technology fields, from small molecule, biotechnology and medical devices to consumer products and electronics. We not only prepare, file, and prosecute patent applications before the USPTO, but also represent clients in high-stakes licensing negotiations.
Our clients frequently turn to Loeb’s patent attorneys for advice and counseling on difficult patent issues. We offer advice on litigation avoidance, provide opinions on patentability of inventions, conduct prior art searches, provide “freedom to operate” opinions, and opinions on patent infringement, invalidity and enforceability. Loeb also works with clients to establish in-house patent programs and policies.
Due Diligence and Corporate Counseling
Loeb’s patent attorneys and IP paralegals are frequently asked to investigate, analyze and comment on copyright, patent, trademark, trade secret portfolios, joint venture agreements and licenses, as well as open source issues. Our experience allows our lawyers to focus quickly on the issues that matter in diligence projects.
When a group of the nation’s most respected patent litigators came to Loeb & Loeb in February 2007 to join a firm already recognized nationally for its cutting edge intellectual property and high-tech savvy corporate practice, the vision was simple – to build a practice that would be able to address the full spectrum of legal issues facing companies in the scientific and health care fields through an interdisciplinary and client-centric creative approach.
Since 2007, our patent team has significantly expanded in depth and breadth to provide Loeb clients with invention-to-litigation resources unmatched by most firms. Communication and creativity are the hallmarks of our patent practice, and our attorneys are recognized for innovative, multi-dimensional solutions that are mindful of our clients’ business goals.
In connection with patent litigation, we know that the greatest litigation victory is winning the case without going through the expense, time and emotional toll of a trial. However, when trial is necessary, Loeb & Loeb offers clients experienced trial lawyers who understand how to communicate complex technology and difficult patent concepts in a clear and simple manner. Important to cost-conscious clients, Loeb is committed to staffing its client teams in the most efficient and effective manner possible.
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.
Clients and Industries
Loeb & Loeb’s diverse patent clients range from technology start-ups to multi-national corporations with interests and facilities around the world and across a variety of industries, including: pharmaceuticals, biotechnology, medical devices, computer hardware and systems, cosmetics, nutraceuticals, chemical manufacturing and polymer technology, e-commerce, optics, semiconductors and telecommunications. Within the life sciences, our clients include those companies involved in the development of ultrasonic dental probes, needle-less injection systems, groundbreaking pharmaceutical introductions and life-enhancing prosthetic devices.
We are also ideally positioned to represent clients’ interests in cross-industry partnerships and matters that represent converging technologies formerly relegated to industry-exclusive sectors. Additionally, we have had significant involvement in technology issues surrounding venture capital and emerging growth companies.
Leadership in Law
In 2012 The National Law Journal named Loeb & Loeb to the Intellectual Property Hot List, which recognized the top 20 firms that excel in providing patent, copyright and trademark legal services. This distinction recognized Loeb & Loeb as an innovator in applying legal principles to fast-changing technology.