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Biotech, Medical Devices, and Pharma

Overview

To develop and protect breakthrough therapies and medical devices, you need vision that stretches years ahead. Propelled by scientific and legal experience, Schwabe's industry team advises leaders in addressing COVID-19, along with the institutions, companies, and entrepreneurs moving biomedicine and digital health forward.

Plugged into life sciences and the law

When the research homes of Nobel laureates and Fortune 500 companies rely on your counsel, a firm understanding of the science is just the start.

Our legal bench includes professionals with Ph.Ds. and advanced technical degrees, and professors of patent law. We collaborate with the best and brightest institutes and manufacturers on the front lines of cancer research, immunotherapy, cardiac and diabetic medical devices, and novel treatments.

Uncertainty in biotech, managed

The industry’s accelerated response to the COVID-19 pandemic highlights the value of how we protect intellectual property and trade secrets to help clients foster collaboration and avoid anticompetitive practices.

For a range of universities, research institutions, pharma companies, academic health centers, and biotech leaders, we mitigate the sector’s constant change and unpredictability with counsel on:

  • Patent preparation
  • Patent prosecution
  • Patentability opinions
  • Clearance opinions
  • Non-infringement opinions
  • Infringement litigation
  • Inter partes and post-grant proceedings
  • Portfolio licensing and commercialization
  • Privacy and data protection
  • Product liability
  • Regulatory compliance
  • Technology transfers and collaborations
  • Trademarks and copyrights

Because worldwide patent protections can take years from initial application to grant, our counsel focuses on your future competitive landscape. We obtain more than 1,500 patents a year, with a focus on maximizing patent value.

Genius, protected and secured

Should patent infringement claims arise, our litigators have proven themselves at the Patent Trial and Appeal Board and U.S. Court of Appeals for the Federal Circuit, as well as in the toughest patent litigation district courts across the nation. For example, we defended a medical device developer in multibillion-dollar infringement lawsuits. The favorable outcome included “exceptional case” determination and fee awards for our clients.

Outside the courtroom, data privacy, security, and protection present critical challenges. Our privacy team and health care lawyers collaborate on life sciences’ unique issues: ownership of clinical samples, data retention and storage, regulatory compliant ways to unlock data, and more. We work to minimize risk and maximizing the value of your discoveries.

Invested in the future of life sciences

Schwabe’s participation in industry associations and events puts high-value information in your hands. Fortune 500 and emerging companies use Fresh from the Bench, our weekly online digest, to stay in front of precedential IP decisions. Our involvement in key organizations includes:

  • Association of University Technology Managers (AUTM)
  • Defense Research Institute’s (DRI) Product Liability Committee
  • Life Science Innovation Northwest
  • Oregon Bioscience Association
  • Oregon Health and Science University
  • PeaceHealth's annual Starry, Starry Night Gala

Experience

  • Represent Oregon Health & Science University in the preparation and prosecution of patent applications directed to medical devices, diagnostics, therapeutics, drug delivery, and imaging.
  • Assisted medical device company RevMedx with the development and prosecution of its patent portfolio. We successfully ‎guided RevMedx through the process to obtain its first patent on X-Stat (a device that can ‎instantly plug bullet wounds to prevent victims from bleeding out before medical help arrives), ‎an invention that was named an Invention of the Year by Popular Science.
  • Successfully defended a closely held company before the Oregon District Court in a patent infringement suit launched by a global medical device company, obtaining the reversal of an $85 million jury verdict against our client. 
  • Representing medical device manufacturer in competitor patent litigation involving partially implantable continuous glucose monitoring (CGM) sensor system for diabetes patients.
  • Represented medical device manufacturer in multiple competitor patent litigations regarding transducers, medical monitor design, and intravascular guide wire design.
  • Led defense of large generic pharmaceutical company in multiple patent suits brought by owners of branded pharmaceutical products under the Hatch-Waxman Act.
  • Obtained summary judgment of non-infringement for large medical device company accused of infringing patents directed to a genetically modified reverse transcriptase.
  • Advised a prominent physician and renowned researcher as they developed a disruptive technology and partnered with a global medical device company to develop that technology, including joint development agreements and patent work.   
  • Represented a large pharmaceutical company in trademark, trade dress, and counterfeiting cases.

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REPRESENTED BY SCHWABE

Life Sciences and Medical Devices

  • Antibodies
  • Biochemical techniques
  • Biologics/biosimilars
  • Biomedical devices
  • Biopharmaceutical drugs
  • Bioprocessing
  • Bispecific antibodies  
  • Cancer biology
  • Cell biology
  • CRISPR/sequencing technology
  • Dental diagnostic technology
  • Diagnostics and therapeutics
  • Genetically modified plants/feed
  • Glucose monitoring sensors
  • HIV biology
  • Large and small molecules
  • Mass spec
  • Molecular biology
  • Nucleic acid sequencing
  • Nutraceuticals
  • Ophthalmic surgical tools
  • Packaging

Honorary Recognition ABA Health Law

Technical background in more than 20 related fields.