Practices

• Biotechnology
• Chemical & Materials Technologies
• Cleantech
• Electrical & Computer Technologies
• Interference
• Internet & Domain Names
• Licensing & Transactions
• Litigation
• Mechanical Technologies
• Nanotechnology
• Pharmaceutical
• Post Grant Proceedings
• Startups
• Trademark & Copyright

Services

• Alternative Dispute Resolution
• Copyright
• Due Diligence
• International
• IP Strategy
• Litigation
• Opinion
• Patent
• Trademark

Interference

Group at a Glance

• 7 members
• Group members have represented clients in 28 interferences, including longest-running interference in U.S. history

What Matters to Our Clients

Strong Base of Experience

Interferences are rare enough that most patent attorneys end their careers without ever having handled a single one. But, when two independent parties each claim to have been the first to invent a particular technology or innovation, interference experience counts.

To date, our attorneys have counseled clients through 28 interferences: 19 in the biotechnology and pharmaceutical arena, four in the mechanical/medical device arena, three in the electronics arena, and two in the consumer electronics arena. We also hold the honor of successfully managing one of the longest running interferences in U.S. history, Cooper v. Goldfarb, which involved vascular graft technology.

Interferences are complex matters which can turn on procedural mis-steps. With the U.S. Patent and Trademark Office throwing periodic rule changes, as well as changes in their internal procedures, into the already complex mix, those caught unawares can be forced off track. Our clients benefit from our command of the procedures and tactics of interferences based upon our hands-on experience. While opposing counsel may be struggling to get up to speed, we are already developing the merits of our client’s case.

Strategic Counseling

Using our client’s business goals as the guiding principle, we have used interferences to prevent a competitor's patent from ever issuing, to eliminate a competitor's patent, to solve freedom to operate problems, and to help establish patent dominance in a particular area.

As a practical matter, an interference can be won or lost long before the interference is declared. We structure clients' claims in anticipation of potential interferences to avoid an interference altogether, to narrow an interference to safeguard important claims from attack in the interference, and always to provide the best opportunity to prevail should an interference be declared.

Not every case calls for a full-blown interference. With our experience comes the ability to recognize when settlement is the best alternative. Once declared, we develop creative settlement strategies, and craft effective agreements, often unique to interferences, that make sense for our client’s business and IP goals.

Areas of Expertise

We counsel clients in all areas of interferences, including:

• Claim strategies to avoid, narrow or win an interference
• Claim strategies to affect a competitors patent prosecution
• Advice on proper invention record keeping to prove date of invention
• Proper timing for considering interference issues
• Provoking or avoiding interferences
• Prosecuting interferences from declaration through final hearing
• Settlement and licensing negotiations and agreements
• Using U.S. Patent and Trademark Office procedures to clients’ advantage
• Strategies for working with Interference Practice Specialists (IPS)
• Appeals to the Court of Appeal for the Federal Circuit
• Section 146 appeals to U.S. District Courts