For more than 25 years, our Chemical, Biotechnology & Pharmaceutical attorneys have worked with clients to secure strong patents and trademarks throughout the world, and have been involved in all types of ex parte and inter partes proceedings. Foley attorneys have provided both general corporate representation and specific intellectual property (IP) counsel for our clients — many of whom are industry leaders — in the chemical, pharmaceutical, and biotech industries.

In serving as IP counsel for chemical, biotechnology, and pharmaceutical companies, Foley has advised on state and federal regulatory compliance, assisted in inquiries and investigations, and guided applications through the permitting and approval process, including hearings and documentation requirements.

The legal solutions we have provided to our clients include:

• U.S. and foreign patent procurement
• Due diligence in mergers and acquisitions and financing transactions
• Licensing and technology transfer
• Patent enforcement
• Patent portfolio management
• Risk assessment and patent analysis
• Defense of infringement claims

Strategic IP Management
Strategic management of IP remains a key focus of the Chemical, Biotechnology & Pharmaceutical Practice. Careful drafting of patent applications, skillful procurement of worldwide patent and trademark rights, counseling and negotiating license and distribution agreements, effecting technology transfers, and advising on litigation, interferences, International Trade Commission actions, and other inter partes matters ensure optimal protection and exploitation of our clients' valuable technologies.

Corporate Work Experience
Our corporate work includes counseling on organizational strategy and planning for marketing and promotion to comply with federal regulatory and Uniform Commercial Code guidelines. Our attorneys also provide strategic planning for Medicare, Medicaid, and private payer coverage and reimbursement, and advise on compliance with health-care-specific laws relating to kickbacks, self-referrals, and patient inducements. Foley also provides counsel related to tax, finance, leases, real estate, government contracts, and the acquisition of business entities, service marks, and technology. Of equal importance for clients is our counsel in the areas of employment and employment agreements such as confidentiality agreements, agreements on the ownership of processes and research, non-compete agreements, and agreements with distributors and dealerships.

Combining Legal Proficiency With Scientific Knowledge
Foley's Chemical, Biotechnology & Pharmaceutical Practice comprises more than 60 core members, including attorneys, patent agents, technical specialists, and specialized professionals. More than two-thirds of our elite team have earned advanced degrees in chemical and biological sciences. The practice offers a deep bench of patent agents, former USPTO examiners, former clerks to judges of the U.S. Court of Appeals for the Federal Circuit, and prolific writers and speakers on issues pertinent to the chemical, biotechnology, and pharmaceutical industries. Such experience enables our attorneys to combine the full range of services expected of a leading IP law firm with a detailed understanding of the technical needs of our clients.

Biotechnology Experience

• Pharmacology
• Vaccine development
• Gene therapy technologies
• Diagnostic medicine
• Stem cell technologies
• Personalized medicine technologies
• Drug delivery and design
• Immunology and virology
• Antibodies
• Biomedical research and development

Chemical Experience

• Chemical engineering
• Organic and inorganic chemistry
• Small molecule chemistry
• Chiral chemistry
• Metallurgy
• Semiconductor and superconductor materials
• Fertilizers
• Polymers
• Enzymes
• Pharmaceutical formulations and delivery systems

Recognizing the entire product life cycle, Foley attorneys are experienced working with regulatory affairs — including issues involving the U.S. Food and Drug Administration (FDA), U.S. Environmental Protection Agency (EPA), United States Department of Agriculture (USDA), and health-care-related entities such as the Centers for Medicare and Medicaid Services (CMS) and the Office of Inspector General (OIG) — as well as corporate finance and securities law, taxation, international trade issues.

Providing a World of Service
With offices strategically located throughout the United States and in Brussels, Tokyo, and Shanghai, Foley's Chemical, Biotechnology & Pharmaceutical Practice is able to draw on the firm's worldwide resources and global presence to help our clients achieve their business objectives in the most direct and cost-effective manner anywhere in the world. Our attorneys have represented clients in obtaining trademark and patent protection in the United States, European Union, and throughout Asia, assisting in the negotiating the unique requirements of each region. This work often involves the investigation of infringement, research of specific protections, and the analysis of current patents. 

In representing our international clients, attorneys in the Chemical, Biotechnology & Pharmaceutical Practice also structure joint ventures, facilitate acquisitions, counsel on multinational transactions, secure public and private financing, surmount regulatory and legislative hurdles, and evaluate market opportunities.