Experience

Biotechnology

About

Biotechnology is part of our work in Life Sciences.

Leading the way for biotechnology IP protection

Over our more than 50 years in practice, Finnegan has worked with biotech pioneers to develop and execute successful intellectual property strategies, including patenting ground-breaking advancements, enforcing patents in litigation, and defending against claims of infringement or ownership by others. We successfully represented Eli Lilly and Company in a lawsuit involving the first marketed product produced by biotechnology—human insulin—and have provided counseling or litigation services in a range of biotechnologies, such as automated DNA sequencing, the cloning of Dolly the sheep, noninvasive methods for detecting fetal aneuploidy, and platform antibody design.

Understanding the law, science, and technology

Strong IP protection has been essential to advancing the biotech industry and remains key to its continued growth. As an IP law firm comprised of scientists and biotech engineers, Finnegan is structured to stay abreast of rapid advancements in science and changing legal issues in this fast-paced, multidisciplinary industry.

As our biotechnology clients make exciting breakthroughs in ways we have yet to imagine, we help by:

Litigating high value products in district and appellate courts with experienced trial and appellate teams
Drafting and prosecuting patents for high-value products and technologies
Assessing and navigating the dense patent thicket surrounding many new technologies
Writing opinions and providing ongoing counseling for new and existing technologies
Advocating for, and defending clients’ interests in, complex patent interferences, reexamination proceedings, and post-grant review proceedings
Conducting due diligence for mergers, acquisitions, licensing, and partnering opportunities
Structuring, drafting, and negotiating IP license agreements
Providing trademark prosecution and counseling services

We work with clients advancing discoveries in established as well as emerging areas, including:

Antibody therapy
Assay development
Cancer therapy
CRISPR technology
Gene therapy
Genetic engineering
Nanotechnology and nanobiotechnology
Next-generation sequencing platforms
Recombinant growth factors
Synthetic biology
Vaccines

Everyone in this industry

Experience

Advised a biotechnology company on patents covering a well-known biologic medicine for treating eye diseases.

Advised a life sciences company in navigating the patent landscape in the DNA sequencing space and preparing to clear the way for its human genomic sequencing technology.

Advised a global pharma company on loss of exclusivity and enforcement strategy in relation to its platelet inhibitor drug.

Finnegan represents BrainCo, a developer of brain-machine interface (BMI) wearables that combine electroencephalography (EEG) signal processing with artificial intelligence (AI) and machine learning (ML) to enable users to control electronic devices using brain signals. The firm works with BrainCo to develop and implement its intellectual property strategy, including drafting and prosecuting utility and design patent applications, in support of the company’s efforts to build a robust patent portfolio covering innovations and designs related to BMI technologies used in toys, smart home appliances, and robotic devices.

Representing Sarepta in defensive patent litigation involving Elevidys®, a one-time gene therapy for the treatment of a neuromuscular disease known as Duchenne muscular dystrophy (DMD) and in parallel offensive inter partes reviews (IPRs).

1:24-cv-00882, D. Del., Judge Andrews

Representing Merck in Hatch-Waxman litigation involving the HIV drugs ISENTRESS® and ISENTRESS® HD.

2:23-cv-00094, 2:23-cv-02364, D.N.J., Judges Cecchi, Padin, Wettre