Client Successes

HyperBranch Medical Technology, Inc.

For our client HyperBranch Medical Technology, Inc., a leader in the field of polymeric medical sealants, we assisted with the intellectual property portfolio strategy in connection with obtaining CE Mark designation for the company’s OcuSeal product. OcuSeal is a liquid ocular bandage used to stabilize ocular wounds following surgical or non-surgical trauma. CE Marking denotes that a product complies with all requirements of European health, safety, and environmental product legislation, and is an important step in bringing products to market overseas. HyperBranch began its research in 2004 with the objective to develop strong enough polymer sealants to ultimately replace sutures that would be easy to use, and would not interfere with natural healing. The Durham, North Carolina medical device company has also, been developing advanced surgical sealants for dura (brain), pleural (lung) and hernia mesh fixation. These products are all at various stages of clinical and pre-clinical development. Read more about HyperBranch Medical Technology here.

Global Bio-Chem Technology Group Company Limited

Our lawyers, in conjunction with Adduci, Mastriani & Schaumberg LLP and East Associates, represented Global Bio-Chem Technology Group Company Limited and its affiliates (GBT), the largest lysine producer in China and the largest vertically integrated corn-based biochemical manufacturer in Asia, which prevailed after an evidentiary hearing before the United States International Trade Commission (USITC) in a patent infringement investigation brought by Ajinomoto Heartland LLC and Ajinomoto Co., Inc. (Ajinomoto). In a ruling in July 2008, the Administrative Law Judge (ALJ) held that the claims of Ajinomoto’s two patents were invalid for failure to disclose the best mode of practicing the invention, thus finding no violation of Section 337 of the Tariff Act of 1930. The ALJ also ruled that both patents were unenforceable because Ajinomoto had committed inequitable conduct.

Advising a Leading Proteomics and Drug Discovery Company

We represented a proteomics and drug discovery company in connection with a research, development and commercialization collaboration with a company possessing human antibody technology, including the development and commercialization of human antibodies directed against more than 100 different protein targets. Our service to this client has included devising a number of business and legal mechanisms for prioritizing the different protein targets, maintaining commercialization rights in certain fields, and protecting against claims of intellectual property infringement.

Commercializing Next Generation Product for a Leading Data Storage Equipment Maker

Our lawyers provided counsel to a publicly traded maker of data storage equipment in developing and commercializing its next generation storage product, including the drafting and negotiating of letters of intent and development agreements with six manufacturers of data storage medium, five of which are Japanese. Subsequent agreements involved equipment sale agreements and tooling agreements with all six companies. In addition, we assisted our client in designing and implementing a basic order and procurement agreement for the company, allowing it to obtain parts to manufacture data storage equipment on a just-in-time basis from several OEMs.

Driving Scientific Innovation through Sponsored-research Agreements

Our lawyers have prepared numerous sponsored-research agreements between biotechnology and other companies, universities and not-for-profit institutions. In these arrangements, we work with our clients and the licensing university to arrange for a suitable disposition of the ownership of new inventions and commercialization rights. In addition, our lawyers have negotiated several such agreements with foreign universities and research institutions.

From Protecting IP to a Successful Sale

For a venture-stage software company, our lawyers successfully enjoined the U.S. public offering of a foreign software corporation because of a corporate name conflict; created a trust to insulate the company's intellectual property from the automatic licensing provisions of a software consortium; and managed the sale of the company to a publicly-held acquirer for $460 million.

Helping a Canadian Proteomics and Drug Discovery Company

Our lawyers helped a Canadian proteomics and drug discovery company in the establishment of its first proteomics research facility in the United States, a facility closely tied to a prominent U.S. academic research institution. This new facility enables the company to further develop and market its proteomics methodologies both in the United States and internationally.

Helping to Bring Technology and Sciences Together

Our lawyers represent a software company specializing in data visualization and query tools for use in applications ranging from drug discovery to biotechnology, including agreements covering domestic and international software distribution and bundling, enterprise licenses, shareware licenses, joint marketing and partnering.

Protecting a Global Genetics Testing Company

Our lawyers served as counsel for a genetics testing company in connection with domestic and international licensing of patented technologies to detect human susceptibility to genetically influenced disease. Our work with this client included advising on the revamping of its U.S. marketing and supply relationships, as well as the termination of a previous European distribution contract and the preparation of a broader license agreement with a potential new European partner. Our lawyers also worked actively with the client to develop a licensing strategy that takes into account its business goals and intellectual property position.

Protecting the Future of Science

Our lawyers represent leading research universities such as Johns Hopkins University, Harvard University, Stanford University and MIT in matters relating to the protection of patents, intellectual property and information transfer.

Successful High-stakes Patent Defense

Our lawyers were victorious as counsel to Johns Hopkins University, Baxter Healthcare Corporation, and Becton Dickinson and Company in a closely watched biotechnology patent litigation against CellPro, Inc., enabling our clients to successfully enforce monoclonal antibody and stem cell technology patents

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