McDermott Will & Schulte, a global law firm

Intellectual property is a core driver of enterprise value. Across every stage of your innovation life cycle – from development and protection to commercialization and enforcement – our intellectual property lawyers support your growth. We navigate the complexities of IP law to help you attract investment, strengthen your market position, and drive long-term value.

Our team includes more than 100 lawyers and professionals globally, and most of them hold technical degrees in science and engineering. We partner with you to secure, monetize, and defend the IP rights that drive your business forward – from patents and trade secrets to trademarks and copyrights.

Through a coordinated global strategy, we build IP portfolios designed to protect your core technologies, products, and brands across jurisdictions. We also develop frameworks to protect trade secrets and structure sophisticated licensing and enforcement strategies to help you monetize your IP assets.

When disputes arise, our IP lawyers represent you in high-stakes matters that can impact market access and put revenue streams at risk. We have significant experience enforcing and defending IP rights across key forums, including US federal district courts and appellate courts, as well as proceedings before the United States Patent and Trademark Office (USPTO) and US International Trade Commission (ITC). We also represent clients in courts across key jurisdictions in Europe and Asia.

In highly regulated sectors – including healthcare and life sciences – we guide you through the intersection of IP and regulatory frameworks to support commercialization and preserve access to critical markets. We also lead IP due diligence in high-value transactions where IP assets are central to valuation, including M&A deals, investments, strategic collaborations, and licensing arrangements.

In competitive markets, IP assets play an essential role in differentiating your business and protecting your market position. Through a comprehensive and integrated strategy, our IP lawyers help you build and sustain a competitive advantage across global markets.

In today’s global market, your business faces a growing number of challenges when it comes to intellectual property (IP): product lifecycles are short, competition is fierce, and patent laws and regulations have become increasingly complex. To stay competitive and build upon your company’s value, you need an IP strategy that goes beyond research and development to proactively build a formidable patent portfolio.

Our global IP team has substantial experience with preparing, filing and prosecuting patent applications in both the United States and Europe, as well as with managing and protecting the patent portfolios of many of the world’s most notable innovators. Equally important, our business-first perspective makes us well-equipped to understand your goals, your competitors, and the business and legal strategies that can help you go further and build a competitive advantage in your industry.

We also offer a deep bench of lawyers and patent agents in the United States and Europe with advanced degrees and industry experience in mechanical and electrical engineering, computer hardware and software, biology, chemistry, immunology, molecular genetics, bioengineering, physics, and other highly technical areas. As a result, our team not only understands the technology behind your product but also the legal, regulatory, and business issues that present a constant challenge for your company.

Our patent portfolio strategy and asset management team can use that understanding to take a big-picture view of your patent assets, products, and distribution channels to identify new market opportunities and partners. That business-first analysis is designed to help your company increase revenue and build the value of your portfolio through licensing, enforcement, and other commercialization strategies.

The industry recognizes the caliber of our work in IP; we are engaged frequently as experienced witnesses to assist other firms in litigation and to provide informed opinions on legal and technical issues. Let us show you what we can do for you.

[They] boast a large, integrated crew of trademark attorneys that will give any competitor a run for its money . . . [the firm is] an IP dynamo that offers wall-to-wall support around the globe.
– World Trademark Review

Building and protecting the identity and reputation of your brand is paramount. Whether you are launching a new product or safeguarding your brand from new competition, it’s essential to partner with strategic trademark counsel.

That’s where we come in. Our business-first perspective makes us uniquely equipped to support all aspects of your company’s growth. From global trademark registration and enforcement to identifying and licensing copyrightable material and resolving fair use disputes, we are deeply invested in your success.

We counsel hundreds of companies – from Fortune 100s to startups – on the full spectrum of their international trademark and copyright needs, protecting the integrity of some of the world’s most celebrated brands and creative works across various industries. Our deep knowledge of your key challenges, competitors, and market dynamics allows us to customize our advice to help you go further.

Our global intellectual property team works quickly and efficiently across our offices in the US and Europe to meet your needs. Whether you're dealing with complex trademark and copyright issues or need an expedited filing, we offer around-the-clock collaboration to ensure the best results.

Clearance, applications, and portfolio management

Our copyright and trademark lawyers offers services that span all aspects of portfolio management, including:

• Advising on the clearance, prosecution, and registration of copyrights and trademarks before the US Patent and Trademark Office and the US Copyright Office
• Advising on prioritizing brand protection resources and helping clients maximize their trademark and copyright protection budgets
• Identifying and addressing gaps in global trademark and copyright portfolios through strategic global protection and maintenance, as well as identifying trademarked and copyrighted assets when conducting due diligence in transactions
• Advising on brand architecture, rebranding, brand revitalization, brand modernization, domain name portfolio management, and other sophisticated brand enhancement services

Advertising and promotions

Leveraging our understanding of the complex federal and state statutes and regulations that govern the marketing, labeling, promoting, and advertising of products and services, we assist our clients by:

• Reviewing and negotiating contracts and copy proposed for advertising, labeling, sweepstakes, contests, publicity and liability releases, and other types of promotions
• Ensuring that terms explicitly prevent potential violations of relevant statutes, future litigation from competitors or consumers, or potential investigations initiated by the Federal Trade Commission
• Collaborating with our regulatory lawyers when dealing with the US Food and Drug Administration and trade regulation
• Navigating right of publicity and right to privacy issues and considerations related to the use of a person’s name, image, and likeness in branding

Complex Licensing and Co-Branding

We frequently provide guidance on:

• Identifying, protecting, and licensing copyrightable material
• Clearing rights and negotiating licenses around other works
• Securing brand extensions to new goods and services
• Co-branding opportunities with other brand owners
• Franchising opportunities for better trademark visibility and revenue enhancement

Our copyright and trademark lawyers also work closely with the firm’s international tax and corporate advisory practices to provide strategic counseling on the global trademark aspects of complex, high-profile transactions, including acquisitions, spin-offs, and corporate restructurings involving the disposition of billion-dollar brands.

Domain names

An authorized Trademark Clearinghouse agent, we offer a wide array of domain name services, including:

• Domain name acquisition and recovery
• Strategic portfolio assessments
• Online monitoring for unauthorized registrations
• Representation in domain name disputes before US federal district courts, the Internet Corporation for Assigned Names and Numbers, the World Intellectual Property Organization, and FORUM (formerly known as the National Arbitration Forum)

Social media and e-commerce issues

Savvy brand owners recognize that social networking and viral marketing create extraordinary opportunities for companies and their brands to interact more directly with consumers. We help our clients with:

• Integrating legal counsel in a comprehensive way when it comes to marketing, communications, and other critical business functions to effectively (and in some cases, aggressively) launch a social media campaign
• Advising clients on fair use and distribution issues in a digital environment
• Developing tools for quickly and efficiently identifying, managing, and addressing unauthorized use (or misuse) of your brand online by third parties, including:
  • Handling takedowns or other online infringement notices across online marketplaces and social media platforms
  • Navigating domain name disputes

As a global company, we rely on [the firm] without hesitation for all trademark-related issues, large and small. They are incredibly responsive, creative, ethical, and grounded.
– Client Testimonial in U.S. News – Best Lawyers, “Best Law Firms”

Your business relies on the strength of your brand, and trademarks and copyrights play an important role in protecting that brand throughout the intellectual property (IP) lifecycle. Competitors can dangerously impact your bottom line when they encroach on your corner of the marketplace and use (or misuse) your trademarks and copyrights, capitalizing on your hard-earned goodwill and reputation. False or misleading claims made by those same competitors when advertising to consumers could also cause irreparable damage to your brand.

To protect your company and your brand, you need a trusted advisor by your side to enforce your trademarks, safeguard your copyrightable material, and defend your intangible assets. You need us.

Our lawyers are business strategists who excel in IP litigation, and clients trust us with their high-stakes trademark, copyright, and advertising disputes. We operate under one of the strongest and most active global trademark and copyright practices.

Our established global legal platform provides seamless cross-border collaboration between our US and European offices and our network of lawyers across more than 150 countries. We can mobilize instantly in nearly any region of the world to tackle the most challenging infringement issues as quickly as possible.

Litigation

Our lawyers have knowledge of the laws that affect brand owners and the experience to enforce claims, when necessary, in US state and district courts and appellate courts, as well as before regulatory bodies and arbitration tribunals. We help clients with:

• Claims of trademark, copyright, and trade dress infringement, as well as publicity, privacy, and false advertising (including those brought under the Lanham Act) in federal district, appellate, and state courts
• Federal court litigation under the Anticybersquatting Consumer Protection Act (ACPA), including the ACPA’s in rem provisions and traditional trademark and unfair competition causes of action
• Domain name disputes involving pre-dispute negotiations and Uniform Domain-Name Dispute-Resolution Policy proceedings before the World Intellectual Property Organization and FORUM (formerly known as the National Arbitration Forum)
• Proceedings before regulatory bodies, such as the National Advertising Division, the US Food and Drug Administration, and the Federal Trade Commission

Cross-Border Enforcement and Anti-Counterfeiting

Our lawyers work with US Customs and Border Protection (CBP) on behalf of many clients to combat the importation of counterfeit goods by:

• Recording our clients’ trademark and copyright registrations with CPB and providing the information necessary to seize shipments of counterfeit goods
• Holding educational meetings with CPB agents to help them identify suspicious shipments and distinguish our clients’ genuine goods from counterfeit products
• Collaborating with global trademark and copyright counsel for quick emergency filings

Trademark Oppositions and Cancellations

We advise trademark applicants and opposing parties in filing and defending opposition and cancellation proceedings before the Trademark Trial and Appeal Board and aide in:

• Navigating the Federal Rules of Civil Procedure and strict timelines
• Conducting effective discovery
• Drafting compelling motions
• Handling necessary depositions
• Arguing cases to the relevant judicial panels

We have helped several trademark holders protect their marks and prevent competitors and infringers from using them unlawfully.

The McDermott Will & Schulte attorneys truly understand the science of our patents, give us personalized attention, and respond quickly to our questions.
– Chambers USA, Life Sciences

As a life sciences company, your intellectual property (IP) is your most valuable asset—it’s what propels your growth, drives your success and sets you apart from competitors. But it may also be your most vulnerable asset.

How you commercialize your innovation and gain compliance is crucial for the success of your business. As competitors constantly work to capture your share of the market, it is imperative that your IP is protected to maximize its value. Our business-first perspective makes us uniquely equipped to help our clients build formidable IP portfolios, maximize their value and enforce or defend them in litigation.

Our more than 140 multidisciplinary life sciences lawyers are here to help. In addition to legal experience spanning the world’s foremost life sciences companies to its most innovative startups, the majority of our IP lawyers hold advanced degrees in the life sciences fields including in cellular and molecular biology, chemistry and organic chemistry, biochemistry, biomedical engineering, chemical engineering, immunology, pharmacology and genetics, among many other areas.

We provide the full array of services to protect and leverage your IP assets:

• Patent protection and enforcement
  • Patent litigation, including Hatch-Waxman Act litigation
  • Patent portfolio management
  • Infringement, validity and freedom-to-operate opinions
• Trademark and brand management
  • Initial strategy and clearance, trademark registration
  • Portfolio management
  • Seeking and obtaining both brand and generic names, United States Adopted Names (USANs) and International Nonproprietary Names (INNs)
  • Domain name, social media, advertising, unfair competition and trade dress matters
  • Enforcement, including trademark, copyright and trade secret litigation
• IP monetization and transactions
  • Licensing and collaboration
  • M&A and finance
  • Outsourcing and licensing agreements

Let us help you go further.

Healthcare and life sciences companies operate under the most difficult circumstances. They face pressure to drive innovation and growth while navigating intense government oversight and stakeholder scrutiny. Our lawyers guide you through critical business decisions, complex regulatory frameworks, and evolving market pressures – so you can lead transformation in a highly regulated environment.

Year after year, we are named “Healthcare Practice Group of the Year” by Law360 and ranked by PitchBook as the #1 law firm advising healthcare private equity investors. As one of the top healthcare law firms in the US, we represent every major stakeholder in the ecosystem – from healthcare providers and health systems to life sciences companies and investors.

Our global team delivers integrated legal counsel across regulatory, transactional, intellectual property, litigation, and other business-critical matters. Having served in leadership roles both in-house and within government, we provide the legal, commercial, and regulatory guidance you need across health and life sciences law to shape the future of the industry.

Our health and life sciences lawyers have held senior roles across key government agencies including the US Food and Drug Administration (FDA), Federal Trade Commission (FTC), Department of Health and Human Services (HHS), and Department of Justice (DOJ) – giving us unique insight into the enforcement challenges you face.

We don’t just understand how regulations are enforced – we know how healthcare policy is developed. Through McDermott+, our dedicated healthcare policy and strategic advisory arm, we help you navigate and shape the policy landscape that influences the industry. With a team that includes lawyers, physicians, policy professionals, data analysts, and veterans of Capitol Hill, we advocate for policies that support your healthcare mission.

Our lawyers also guide you across the life cycle of transformative deals, from formation and financing to commercialization, partnerships, and exit. We help you structure transactions that are aligned with market realities and designed to deliver long-term value.

From securing investment and commercializing innovation to scaling operations and protecting your market position, we support you at every stage of growth. Our team develops integrated legal strategies that help clear the path for your breakthrough technologies, next-generation therapeutics, AI-enabled healthcare solutions, and innovative care delivery models.

Digital health legal solutions

Digital health solutions are fundamentally transforming the quality and delivery of healthcare. As the doctor-patient relationship evolves beyond the in-person encounter, digitized data and technology have converged with healthcare delivery and payment. Our digital health team works with clients to create solutions that improve access to medical services and engage patients in managing their healthcare, with an eye toward the complex and ever-evolving regulatory considerations affecting healthcare innovation.

We offer guidance on all aspects of digital health, including the formation, financing and governance of business entities, joint venture arrangements, and mergers and acquisitions. Drawing on our vast institutional knowledge and the creativity to drive forward-looking solutions, we counsel clients in a wide range of areas, including development, reseller marketing and distribution arrangements, intellectual property protection and licensing agreements, systems integration agreements, internet and new technology issues, product liability matters, and employment and noncompetition agreements, as well as related personnel issues.

Our team leads emerging and established organizations through the unique—and often unanticipated—transactional, regulatory and compliance challenges they face. Uniting our depth of experience and our ability to anticipate change, we help clients develop creative solutions to the obstacles that slow adoption and growth so they can keep moving forward in an ever-changing industry.

How can we help you transform healthcare?

Our areas of focus

• Health Information Technology
• Mobile Health
• Big Data and Data Strategies
• Data Privacy/Security HIPAA and State Laws
• Telehealth/Telemedicine

Health information technology

Complex legal and compliance issues surround the acquisition, implementation, use and management of health information technology (HIT). Our team offers advice on key matters in a quickly changing landscape, including patient consent issues involved with health information exchanges; electronic communication issues among and between providers, payers and patients; and matters involving electronic health records (EHRs), health information exchanges (HIEs), and the use and disclosure of protected health information (PHI). We also counsel our clients on compliance with the Health Insurance Portability and Accountability Act, state breach notification laws, Medicare and Medicaid EHR Incentive Program requirements, the False Claims Act, the Anti-Kickback Statute, and other federal and state healthcare regulatory laws.

For clients ranging from physicians, hospitals and health systems to practice management companies, HIT vendors and medical billing companies, we offer skillful support with software and hardware procurement, implementation, service level agreements and warranties, and associated contract and regulatory compliance aspects.

mHealth

Mobile healthcare devices, including wearables and medical apps, empower patients to better understand their health. These devices capture consumer-generated health data, analyze it and provide mobile feedback to consumers. These mHealth applications may also deliver healthcare information to providers and researchers in order to facilitate efficient coordination of care. Our team assists clients with the transactional and regulatory issues that arise when businesses engage with patients, consumers, providers or researchers about their health needs, whether through mobile devices or other connected devices outside of traditional healthcare provider settings. We also offer counsel on issues arising from emerging digital health tools, such as mobile medical apps, that the US Food and Drug Administration (FDA) may consider regulated devices.

Big data and data strategies

We assist clients with the design and deployment of big data strategies. Supported by a flexible, yet sustainable, privacy and security protection infrastructure, big data strategies can capture, aggregate, transform and analyze key data. Businesses use these sophisticated analytics to effectively implement improvements in healthcare quality, coordination, accessibility and affordability for the benefit of payers, employers and healthcare consumers. Our team helps identify, manage and resolve legal issues associated with high-volume analytics and data mapping, privacy and security protections, data licensing and clinical research activities, including federal and privately sourced data. We also assist in forging collaborations between industry stakeholders to leverage strengths and accelerate initiatives.

Data privacy/security HIPAA and state laws

The Health Insurance Portability and Accountability Act (HIPAA) governs the use and disclosure of identifiable health information. Using our industry-leading best practices, we counsel a diverse range of clients in navigating these complex rules. We conduct audits, develop customized plans, policies and procedures for privacy and security compliance, and even facilitate HIPAA-related training sessions.

If a crisis does arise, we also advise clients regarding security breaches, risk assessment, mitigation and remediation, and negotiate settlements and resolution agreements with the US Department of Health and Human Services Office for Civil Rights. Together with lawyers in our privacy and data protection practice, our digital health team has guided companies through the successful resolution of many privacy and security incidents, including hundreds of incident responses and breach remediation efforts involving PHI. From cyber attacks and malicious insiders, to lost laptops, unsecured data and mailing mishaps, we have handled the full spectrum of information incidents.

We draw on this experience to bring calm to the storm and provide guidance from beginning to end, including developing and implementing effective audits, protection and loss-prevention programs, and simplifying the notification process across jurisdictions.

Telehealth/telemedicine

Bringing the doctor-patient relationship out of the confines of an in-person encounter, telehealth integrates information technology with traditional healthcare and wellness practices. Remote healthcare, also called telemedicine, is changing the way medical services are delivered. Thanks to advances in technology and information systems, these new diagnostic tools and methodologies can improve access to and consistency of medical services—an important benefit to consumers and providers alike. Our clients turn to us for guidance regarding licensure, patient consent and recordkeeping, data privacy, risk mitigation, and navigating the varied state-based regulations and regulatory definitions associated with telehealth. We help assess business strategies and advise on government and commercial reimbursement standards so clients can succeed in this rapidly changing, highly regulated industry.