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.

The ease of inventing and going to market has created a competitive global marketplace. Under these conditions, it has never been more important to protect and enforce your valuable patent assets throughout the intellectual property (IP) lifecycle to preserve your edge and safeguard your business value.

To mitigate risk and capitalize on opportunities that advance your business goals, you need a partner in the courtroom and the boardroom. We assemble the best team possible to deliver business-driven solutions for existing challenges, as well as offer innovative strategies that will help you stay ahead of the competition. Our global IP practice includes more than 100 lawyers and professionals who offer a mix of business-savvy and technical skills to achieve success for clients. Nearly 75% of our members have technical degrees in science and engineering, and more than one-third have advanced degrees in relevant technical disciplines such as electrical and mechanical engineering, computer science, physics, materials science, biotechnology, biology, chemistry, immunology, and genetics.

As the patent litigation landscape  grows increasingly complex, with recent precedent-setting decisions from the US Court of Appeals for the Federal Circuit and the Supreme Court of the United States, we offer an IP litigation team well known for protecting and enforcing patents globally through complex litigation. We handle high-stakes disputes across geographies, including the US federal district and appellate courts, the Supreme Court, the US International Trade Commission (ITC), the US Patent & Trademark Office, the Patent Trial & Appeal Board (PTAB), and the courts of Europe and China.

We have a longstanding record of achieving favorable outcomes for clients in high-profile US venues for patent litigation, including in the Western and Eastern Districts of Texas, the District of Delaware, the Northern and Central Districts of California, and the Eastern District of Virginia. We have also achieved key successes in cases against non-practicing entities (NPEs), as well as in bet-the-company patent litigation.

Several of our team members have deep industry experience and have successfully litigated disputes involving technologies such as semiconductors, telecommunications, software, computer hardware, pharmaceuticals, and medical devices. This helps us effectively explain complex technology and IP legal principles to both judges and juries in a way that increases the likelihood of achieving favorable results on your behalf. We can also resolve disputes through favorable settlement negotiations.

In all matters, we are fearless and relentless advocates for your company, here to protect and enforce your patent assets throughout your business lifecycle.

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.

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.

[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

Whether you’re a global biopharma leader in medical devices and drugs, a cutting-edge digital health innovator, a clinical research organization or something completely new, our Food and Drug Administration (FDA) practice will help fuel your mission by guiding you through the complex regulatory and compliance landscape.

As the top-ranked law firm for health and a leader in life sciences, we are dedicated to our clients and passionate about the work we do together. We counsel clients on the development, manufacture, marketing and promotion, and reimbursement of drugs, biologics, devices and other products regulated by the FDA.

Our FDA regulatory lawyers offer deep industry experience, strategic legal advice, diverse perspectives and practical solutions that address the full scope of regulatory and compliance issues life sciences companies face. Our cross-border, cross-practice team will work collaboratively to help you clear your path to success on issues such as intellectual property, data privacy and security, litigation, pricing, reimbursement and healthcare compliance. We advise clients on the following:

• Current Good Manufacturing Practice (cGMP), Medical Device Quality System Regulation (QSR), Good Clinical Practice (GCP), internal compliance programs, internal and external audits, and standard operating procedures (SOPs)
• Marketing applications and other regulatory submissions, product labeling, advertising and promotions, and post-market surveillance
• Product regulatory status determinations, import-export compliance, and other pre- and post-market regulatory programs
• FDA inspection preparedness and responses to FDA Inspectional Observations (483s), warning letters and other regulatory communications
• FDA investigations, FDA consent decrees and other enforcement actions involving the FDA, the US Department of Justice (DOJ), state attorneys general, other federal and state agencies, the US Congress, and False Claims Act qui tam and other litigants
• Compliance program implementation, auditing and monitoring in accordance with OIG’s Seven Elements of an Effective Compliance Program and applicable PhRMA Code/ADVAMED industry standards and applicable laws and regulations
• Development and submission of citizen petitions, trade complaints and comments on FDA proposed rules and guidance
• Entry into the United States of non-US companies through clinical-study, approval, prelaunch, compliance-program and other initiatives

Pushing boundaries and moving forward, you’re always looking for what’s next. Be ready to take advantage of merger and acquisition opportunities with a hand-selected team of legal advisors by your side. We’ll navigate the complex and highly regulated life sciences landscape and help prevent challenges from holding you back. So you can keep moving at the pace of innovation.

It’s what we do: we fuel missions and knock down barriers to successfully negotiate and close deals on behalf of life sciences businesses large and small, worldwide.

No matter what your growth looks like, our cross-border team can help with your collaborative transformations, including:

• Traditional M&A deals
• Strategic acquisition of distressed assets
• Spin-offs, carve-outs and divestitures
• Private-equity-funded buyouts
• Venture capital funding
• Deals with universities, academic medical centers and research institutions

We offer comprehensive and holistic advice from an integrated team of Tier 1 health lawyers along with our deep bench of IP, regulatory, litigation, corporate, tax and employee benefits lawyers from more than 20 offices around the globe.

Learn how we can help you go further.