Intellectual Property

Intellectual property assets represent significant value for businesses in the United States. For some clients, these assets represent an entire career or a body of research; for others, they're a 100-year-old trademark, or a newly acquired license. Whether it’s structuring transactions or resolving high-stakes property disputes, we understand the unique needs of each client, and anticipate how those needs will change over time. With superior experience– from scientists who’ve worked in the field, to litigators with International Trade Commission and federal court experience – we’re privileged to represent national and international companies in a broad cross-section of industries.

Our success in representing leading life sciences and technology companies has resulted in industry-wide recognition. Law360 named Goodwin one of its “Intellectual Property Practices of the Year” for the third consecutive year in 2016.

LMG Life Sciences Awards 2017

Intellectual Property Firm of the Year
Law 360

Named IP Practice of the Year (2014-2016)
ABA Journal’s Blawg 100

Goodwin's Big Molecule Watch blog chosen as one of the ABA Journal’s Blawg 100.

Litigation in the pharmaceutical and biotechnology industry can be particularly complex, requiring counsel that is as well versed across scientific disciplines as it is in the law. Goodwin has made servicing the needs of the pharmaceutical and biotechnology industries a strategic priority for more than two decades, and we have one of the largest and most active life sciences practices in the United States. Our IP litigation team is among the most experienced in the country, successfully representing both brand companies and generics in Hatch-Waxman litigation. Our portfolio of clients include the largest generic companies in the world and, more recently, include enforcement of patents related to numerous blockbuster drugs.

Our firm is also a leader in the emerging field of biosimilars litigation. Our lawyers were involved in the legislative process that resulted in the Biologics Price Competition and Innovation Act, and our work counseling clients as they advance their biosimilar development programs has been a natural outgrowth of our extensive work on behalf of the generic drug industry. Clients consistently praise our biosimilars blog, BigMoleculeWatch.com, for its timely and relevant posts on biosimilar-related litigation, legislation and regulatory developments.

Companies with Section 337 investigations at the U.S. International Trade Commission know the stakes are high and having experienced counsel is critical. Goodwin’s ITC team has substantial knowledge of complex investigations under Section 337 and has a winning track record. We represent U.S. and international clients on both sides of disputes involving patents, trademarks, copyrights and trade secrets. Our team can quickly initiate investigations and swiftly respond to new investigations, protecting clients’ products and industries.

Our ITC lawyers have first-chair experience before the ITC and know exactly how to prepare matters for trial quickly and efficiently. Our practice chair is a former ITC attorney with firsthand knowledge of the Commission’s culture. Additionally, we are adept in delivering persuasive presentations under the judges’ diverse approaches to ITC trials. A win in high-stakes ITC litigation is only as good as the remedy, and Goodwin has extensive experience dealing with U.S. Customs and the Court of International Trade on enforcement matters.

Clients rely on our experienced attorneys and science advisors to help them make sound business decisions.

Lawyers in our patent opinions and counseling practice provide strategic advice to domestic and international companies. We work closely with clients to determine offensive and defensive patent strategies. Issues we routinely address include patent infringement, invalidity, unenforceability, licensing and freedom to operate.

In a high-stakes patent dispute, the fighting advantage goes to the side with the right litigation experience. We’re ranked by Corporate Counsel as having one of the nation’s most active patent litigation practices. From the courtroom to the boardroom, Goodwin’s more than 100 IP lawyers and scientists are dedicated to actively protecting client assets.

When others attempt to infringe or misappropriate our clients’ patent rights, we vigorously assert and protect those rights. Goodwin’s Patent Prosecution + Counseling Practice draws from more than 100 intellectual property specialists across the firm. Our patent attorneys are devoted to developing and implementing sophisticated patent procurement, management and exploitation policies to further our clients’ business goals. We serve a diverse array of domestic and international companies, procuring and enforcing patent rights, providing proactive counsel to determine the patent rights of others, and in conjunction with our IP Litigation practice, defending against infringement claims.

As the Patent Trial and Appeal Board (PTAB) becomes an increasingly popular venue for resolving patent validity disputes, having experienced counsel familiar with the PTAB’s intricacies is essential. Leveraging decades of USPTO and federal court trial experience, Goodwin’s more than 50 registered patent attorneys and agents have pioneered cutting-edge and cost-effective approaches to achieve success in all three types of America Invents Act (AIA) post-grant proceedings: inter partes review (IPR), covered business method review (CBM), and post grant review (PGR).

Licensing and other technology transfers represent a critical component of any comprehensive intellectual property rights management program. These transactions can generate significant economic value and other competitive advantages when effectively structured and executed.

Copyrights and trademarks are about more than just safeguarding your work — they are essential to preserving your company’s identity, reputation and culture. Goodwin’s Intellectual Property Practice is recognized as a powerhouse in the industry, and our trademark practice is sought for pivotal matters. Our IP attorneys fight vigorously to protect trademarks and work diligently to minimize the legal and business risks inherent in developing new trademarks. In addition to trademark litigation, our practice also focuses on portfolio development and enforcement. We represent both established brands, like Campbell Soup Company, Pepperidge Farm, IBM and Four Seasons Hotels, and emerging companies looking to distinguish themselves in the market.

Pharmaceutical companies need experienced counsel to protect their regulatory interests. Goodwin’s FDA Litigation practice provides counsel, representation and strategic advice that covers all aspects of our clients’ interactions with the Food and Drug Administration. Our lawyers regularly advise clients on regulatory issues, engage with the FDA and other federal and state agencies through Citizen Petitions, comments, meetings and other petitioning, and represent drug manufacturers in Administrative Procedure Act challenges.

Goodwin has one of the most comprehensive, technology-focused trade secret and employee mobility practices in the nation. Our team is comprised of intellectual property, employment law, patent, antitrust, and privacy and cybersecurity specialists. We have advised and represented hundreds of cutting-edge companies, entrepreneurs, investors and startup founders facing these critical issues and disputes in innovation hubs around the world.

Hatch-Waxman + Biosimilars Litigation

ITC 337 Proceedings

Opinions + Counseling

Clients rely on our experienced attorneys and science advisors to help them make sound business decisions.

Patent Litigation

Patent Prosecution + Counseling

Patent Trial + Appeal Board

Strategic Technology Transactions and Licensing

Trademarks

FDA Litigation

Trade Secrets + Restrictive Covenants