Practice Areas

Intellectual Property

Intellectual Property Hero Image.

Across global markets and diverse technologies, our Intellectual Property attorneys deliver business solutions that define and protect our clients’ innovations and brands. We help drive their success by combining our collective IP knowledge and experience with our commitment to staying at the forefront of leading-edge legal, technology, and business trends.

Protecting your innovation and creativity is becoming increasingly more difficult and complex. At Foley, we understand — which is why we have the people, processes, and technology in place to offer you a full range of commercial, intellectual property, privacy, sourcing, and technology law services in virtually every industry worldwide.

A Strong Track Record

From emerging technologies and pharmaceuticals to banking and financial services — whatever area of business you specialize in, we have a proven track record of assisting clients and enhancing their competitive advantages by:

  • Ensuring all IP strategies are aligned with business goals and the competitive landscape
  • Assembling a lean team with professionals at the right levels who have the legal skills needed, as well as the technology, industry experience, and knowledge of client’s risk tolerance
  • Providing best-in-class service

In drafting patent applications, we seek to build multiple layers of protection, taking into account different claim strategies in anticipation of litigation and licensing.

In contentious proceedings, our goal is to find the best business resolution for our clients, which may involve post-grant United States Patent and Trademark Office (USPTO) proceedings, interference, settlement negotiation, and other alternatives, in addition to pursuing trial activities. Our attorneys are skilled at devising IP litigation strategies for early and cost-effective resolutions that achieve your business objectives, including:

  • Applying the right strategy based on the nature of the case and what is at stake, whether it is “bet-the-company” competitor litigation, a case involving core products and services, or a nuisance non-practicing entity matter.
  • Aggressive pre-suit and early-suit communications and investigation into strengths and weaknesses of a case to secure early victory, dismissal, or settlement
  • Filing cases in, or transferring cases to, the appropriate venue
  • Effective use of post-grant proceedings within the USPTO to challenge asserted patents
  • Aggressive early-motion practice to dispose of a case or narrow the issues
  • Focus on discovery issues, such as infringement and invalidity contentions, and the use of 30(b)(6) or inventor depositions to lock in an opponent

Breadth of Technologies

  • Biotechnology, biopharmaceutical, diagnostics, and regenerative medicine: Stem cell, personalized medicine, synthetic biology, molecular biology, endocrinology, genetic engineering, agricultural biotechnology, industrial biotechnology, biofuel, immunology, biochemistry, and vaccines
  • Chemical, pharmaceutical, nanotechnology, and cleantech: Protein chemistry, chemical engineering, specialty chemicals, pharmaceutical chemistry and delivery systems, physical and natural products chemistry, organic/inorganic chemistry, agricultural chemistry and engineering process, photographic material and processing, and photovoltaic
  • Electronics and mechanical: Medical devices, material sciences, semiconductor fabrication and semiconductor, memory and logic system analysis, microprocessor system evaluation, electrolytic apparatus and processes, optical and fiber-optic system design, gas sensors, and energy storage
  • Communications, software, new media, and other content technologies: Business methods, diagnostics software, wireless and implantable devices, health care IT, and computer programming

Full Life Cycle of IP Services

Our holistic approach to IP legal solutions includes:

  • Counseling, prosecution, and litigation on patents, trademarks, copyrights, and trade secrets
  • Licensing, technology transfer, collaborations, and transactions, including due diligence
  • Strategic IP asset management
  • Negotiation and risk assessment

Industries We Represent

  • Biotechnology and pharmaceutical
  • Cleantech and alternative energy
  • Nanotechnology
  • Specialized chemical
  • Medical devices
  • Electronics, software, and high-tech
  • Internet and e-commerce
  • Wireless and wired communications
  • Financial services
  • Industrial manufacturing
  • Consumer products
  • Food and beverage
  • Retail