Artificial intelligence (“AI”) has quickly gone from a plot point in classic Hollywood films, such as Kubrick’s 2001: A Space Odyssey, The Terminator and Pixar’s Wall-E, to being ingrained in nearly all aspects of modern life. Artificial intelligence and its subfields of machine learning and deep learning drive industries such as pharma, robotics, financial services, insurance, computer and consumer hardware and software, medical devices, green energy, autonomous vehicles, consumer appliances and automotive. Put simply, AI improves businesses, products, and customer experiences. With AI now entrenched across industries, protecting AI innovations and securing the ability to leverage AI innovations have become essential considerations for companies.
Cosmetics, household products and agricultural products are ubiquitous within economies around the world. Less recognizable to average consumers are components that make up everyday products, including synthetic rubbers, super absorbent polymers, display materials, and protection films. These products and components serve an indispensable role in our daily life and have become an integral part of the world economy. The Innovations underlying the chemical and material structures and formations bring a myriad of products to life. Protecting such innovations as valuable intellectual property assets is essential to maintaining a competitive position.
The clean energy industry has seen exponential growth based on rapid adoption of electric vehicles, wind turbines and other products and systems that address the global urgency to decarbonize. As more players enter the clean energy industry, it is more important than ever to gain an IP advantage to effectively compete and provide an edge in IP disputes between competitors.
Consumer products present some of the most challenging and often overlooked areas of intellectual property law. Our sophistication in this area has its foundation in understanding the life cycles of various consumer products and thus the appropriate levels of IP protection and enforcement to apply for our client’s brands. From beverages to makeup, toys to tools, and fashion apparel to sports and exercise equipment, we analyze the positioning of products at the retail and wholesale levels in light of contemporary legal principles. We then apply impactful IP strategies consistent with our clients’ business objectives. Always in focus is the packaging for products – the layout and design of which often provide an effective avenue for growing a brand.
Consistent with Lerner David’s overall practice, we have not confined our practice in the medical device arena to just one aspect of intellectual property. Our attorneys and paralegal professionals have teamed with medical device clients in every single area of intellectual property from procurement to litigation. Specifically, we help Fortune 500 clients, as well as startups and emerging, high-growth companies in the medical arts field with protecting their innovations, conducting diligence to avoid litigation and to evaluate and manage risk, develop licensing and development arrangements, and litigate unavoidable disputes.
Lerner David was among the first law firms to represent pharmaceutical companies in Hatch-Waxman litigation, and from our long-standing relationship with the industry, our pharma and life sciences practice has thrived on our institution knowledge – to the benefit of our clients. Our team melds skilled courtroom and PTAB advocates with crafty IP strategists. We have represented some of the world’s most recognized companies in building patent portfolios and license strategies around New Chemical Entities, formulations, chemical syntheses, and methods of treatment that protect valuable pharmaceutical and biotechnology franchises. From pre-litigation counseling to Orange Book strategy and FLBs through litigation, post-grant proceedings, as well as appeals involving both ANDAs and 505(b)(2)s, we help our pharma and biotech clients navigate every stage of the Hatch‑Waxman process. We have been involved in many of the blockbuster cases of the past three decades involving such household names as AndroGel®, Ceclor®, Nexium®, Orecea®, OxyContin®, Paxil®, Prevacid®, Taxol®, Zantac®, Zoloft®, and Zofran®.