• Guiding technology vendor oversight and AI system risk assessments
• Structuring and drafting contractual frameworks for data exchange, joint development and collaboration arrangements
• Designing and implementing information blocking compliance and health information sharing strategies consistent with federal and state regulatory requirements
• Advising on proposed regulatory and legislative changes that impact digital health, health information exchange and AI.

Alya counsels companies on legal and business frameworks for developing and deploying innovative technologies, including predictive analytics, decision support algorithms, electronic health records, interoperability tools, health data platforms and digital therapeutics. As a Certified Information Privacy Professional (CIPP/US), Alya draws on her extensive privacy and security law knowledge to help clients comply with regulatory obligations while achieving strategic business objectives and maintaining public trust.

Prior to joining McDermott, Alya worked at the intersection of healthcare and technology as corporate counsel and director of health policy and regulatory affairs for a leading global healthcare software company. She has valuable in-house experience working with software engineering teams, product managers, external affairs, sales and compliance. Earlier in her career, she led legal and privacy functions at a healthcare data organization, a multi-specialty healthcare provider and an innovative software analytics company.

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• Created an AI use case intake and evaluation process and AI governance framework for a direct-to-consumer technology company
• Guided a national health intelligence platform company through the Qualified Health Information Network (QHIN) application process under the Trusted Exchange Framework and Common Agreement (TEFCA)

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Todd has published articles in publications such as Trusts & Estates, the American College of Trust & Estate Counsel (ACTEC) Law Journal, Estate Planning, Bloomberg/Tax Management, the Society of Trust & Estate Practitioners (STEP) Journal and other publications. Todd is co-author of Bloomberg/Tax Management Portfolio No. 875, entitled “Wealth Planning with Hedge Fund & Private Equity Fund Interests.” A frequent speaker, Todd has given presentations for a number of organizations including the Heckerling Institute on Estate Planning, ACTEC, the Notre Dame Tax & Estate Planning Institute, the University of Southern California Tax Conference, the Seattle Estate Planning Conference, the American Institute of Certified Public Accountants (AICPA) as well as numerous other estate planning conferences and family office groups.

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• Structured GRATs, Sales to Grantor Trusts and other trust vehicles*
• Conducted a number of Diagnostic Stress Tests of overall family, trust and entity structures to proactively identify vulnerabilities and avenues for fortification*
• Consultation in connection with family office profits interest structures and related Chapter 14 implications*

*Matters handled prior to joining McDermott Will & Emery

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• Listed in Who’s Who Legal: Thought Leaders – Private Client
• Featured in Business Insiders “These are the 21 people powering the huge growth in family offices,” August 2, 2021
• Listed in Super Lawyers
• Rated AV Preeminent® by Martindale-Hubbell® Peer Review Ratings™
• Chambers High Net Worth Guide, 2016 and 2017

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In addition to his active litigation practice, Syed also advises clients on technology transfer and license agreements and portfolio management. He is committed to pro bono service and has first-chaired several jury trials on pro bono matters.

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• Served as lead counsel for a large multinational convenience store chain in litigation involving multiple patents*
• Represented a vehicle manufacturer in a multi-patent case involving infotainment systems and secured a settlement on favorable terms during fact discovery*
• Represented a transportation service provider in several cases involving multiple high-tech patents*
• Represented a multinational mobile food ordering and delivery company in a multi-patent case that settled on favorable terms*
• Represented an artificial intelligence (AI) startup in a patent case involving AI in advertising and secured a favorable settlement upon pursuance of a motion to invalidate the case*
• Secured favorable settlements on behalf of a financial institution in patent infringement cases involving funds transfer technology*
• Represented a large multinational travel and e-commerce company in multi-patent litigation involving online advertising, and secured a settlement on favorable terms after the Patent Trial and Appeal Board (PTAB) instituted IPR on multiple asserted patents*
• Represented a wireless carrier against patent infringement claims involving 10 patents relating to antenna arrays and secured a settlement on favorable terms the morning of jury deliberations*
• Represented major digital storage services provider before the International Trade Commission (ITC) investigations over imports of magnetic tape data storage technologies (Certain Magnetic Data Storage Tapes and Cartridges Containing Same, Certain Magnetic Data Storage Tapes and Cartridges Containing Same (II)) *
• Represented a DNA sequencing services provider before the ITC in an investigation involving several patents related to nanopores and DNA sequencers (Certain Nanopores and Products Containing Same) *
• Obtained a take-nothing verdict in favor of a major sports media company in an eight-day jury trial involving four patents directed to the broadcast and display of real-time graphical game updates to fans over the internet, despite plaintiff’s allegations of willful infringement and petition for substantial damages*
• Represented a wireless technology company in patent infringement litigation involving multiple patents relating to modulation and coding of wireless broadband and cellular telephone signals*
• Represented three major sports leagues in a patent infringement litigation regarding the leagues’ rights to broadcast and display real-time game updates to fans over the internet*
• Represented a group of online retailers accused of infringing a patent related to real-time transactions occurring over the internet, and secured resolution of the matter after filing a petition for covered business method review at the PTAB on the grounds that the asserted patent was invalid under 35 USC §§ 101, 102, 103 and 112*
• Secured a take-nothing judgment in favor of a major computer manufacturer in patent litigation related to the use of web services infrastructure and e-commerce websites*
• Represented a major sports league and one of its teams in litigation involving their right to send text and social media messaging to their fans*
• Represented a major computer manufacturer in a patent infringement action involving product assembly methods*
• Advised a national sports league in connection with negotiating and drafting various agreements related to implementation of technology-related infrastructure upgrades to stadiums*

*Matter handled prior to joining the firm.

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Chuck has extensive experience in transactional IP matters, including transaction structuring and portfolio due diligence for investments and acquisitions, and negotiating collaboration license agreements, joint ventures, and other strategic commercial contracts involving key IP assets.

Chuck also actively supports and counsels on transatlantic disputes, including US district court cases, Patent Trial & Appeal Board (PTAB) proceedings, reexaminations, EPO oppositions, and litigation in Europe’s Unified Patent Court (UPC).

Chuck has advised on a wide range of technology in engineering and life sciences, including medical technology, pharmaceuticals, microfluidics, drug delivery, machine learning, signal processing, combustion, and energy. In the medical technology sector, his experience spans medical diagnostics, intravascular devices, respiratory systems, orthopedic implants, cellular therapy, tissue engineering, neuromonitoring, spine technology, electrical stimulation, healthcare informatics, DNA sequencing, software-driven devices, and biologic manufacturing.

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• Represented a global medical diagnostics company in structuring its IP portfolio for assertion in US litigation*
• Represented a US medical technology company in European and US patent office disputes and litigation and in strategic portfolio development to protect a cutting-edge cardiovascular technology*
• Represented a US media company in defending its patent estate in several European opposition proceedings and in European litigation*
• Represented a US pain management company in defending its core patent against inter partes review (IPR) at the PTAB and EPO oppositions*
• Represented a US drug delivery device manufacturer in challenging an estate of competitor patents in IPR proceedings at the PTAB*
• Represented a US medical device manufacturer in building and positioning its IP for enforcement in the respiratory care space*
• Represented a US hardware company as patent proprietor in an opposition before the EPO, successfully defending the patent*
• Represented a US medical device manufacturer in a 2011 reexamination proceeding before the USPTO, successfully securing affirmation of patents simultaneously being litigated in US federal court*
• Represented a US medical device manufacturer in defending a European patent in the EPO Opposition Division and before the EPO Board of Appeals*
• Represented a US medical instrumentation company in a 2013 EPO opposition of a patent held by a major competitor*
• Represented a US-based consumer goods company in developing and implementing a global patent, trademark, and technology licensing program to monetize its IP assets*
• Represented a US-based hospital in a national licensing campaign to enforce its core technology for medical diagnostics*
• Represented an emerging medical diagnostics company in international patent and freedom to operate strategies*
• Represented a global medical device company in its acquisition of an extremity orthopedic company*
• Represented a global private investment firm and a global blood technology company in connection with their sale to a European healthcare company*
• Represented a global private investment firm in its acquisition of a medical diagnostics company*
• Represented a global private investment firm and a medical diagnostics company in connection with the acquisition of the transplants diagnostics business of a medical products company*
• Represented a personal care products company in its acquisition of an oral care products company*

*Matter handled prior to joining the firm.

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Before attending law school, Aashish worked for five years as a product development engineer at a multinational semiconductor company, where he focused on system-level testing and microprocessor product development. His technical experience also includes software development, semiconductor fabrication and electronic instrumentation.

While in law school, Aashish served as chief articles editor for the Texas Intellectual Property Law Journal and recent developments editor for the Texas Journal of Oil, Gas, and Energy Law.

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• Represented a semiconductor company before the USPTO in IPRs of patents related to memory interfaces
• Represented a semiconductor memory company before the USPTO in IPRs of patents related to memory technology*
• Represented a semiconductor company in the Western District of Texas involving wireless transceivers and calibration*
• Represented defendant in a breach of contract suit relating to intellectual property rights in Texas district court*
• Represented defendant in a patent infringement suit in the Western District of Texas involving financial transactions*
• Represented ARRIS in two consolidated patent infringement cases in the District of Colorado involving five patents related to video compression (Realtime Adaptive Streaming LLC v. ARRIS Solutions, Inc.) *
• Represented a semiconductor company in multi-patent infringement litigation technology in the District of Delaware and the Northern District of California related to analog/mixed-signal circuitry and power supply*
• Represented Western Digital in a multi-patent 337 investigation before the ITC concerning power consumption and data addressing in flash memory devices (Certain Flash Memory Devices and Components Thereof, ITC Investigation No. 337-TA-1034) *
• Represented a telecommunications company before the US Patent and Trademark Office (USPTO) in several IPRs of patents related to fiber optics*
• Represented a semiconductor company before the USPTO in several IPRs of patents related to switch-mode power supplies*
• Represented a computing technology company before the USPTO in an IPR of a patent related video decoding*
• Represented a storage technology company before the USPTO in an IPR of a patent related to flash memory*

*Matter handled prior to joining the firm.

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Nick holds an MS in electrical engineering. Prior to attending law school, he designed high-performance antenna arrays. He is listed as a co-inventor on four issued US patents related to ultra-broadband array technology.

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• Represented a major innovation company in all phases of patent infringement litigation related to cellular technology, including discovery, claim construction, summary judgment motions practice, pre-trial briefing, trial and post-trial briefing*
• Represented a major semiconductor company in patent infringement litigation and persuaded plaintiff to dismiss the suit with prejudice at an early point in the litigation*
• Led discovery and claim construction efforts on behalf of a local innovation company in a patent infringement suit related to LCD television technology; received a favorable Markman order and key evidence during highly technical 30(b)(6) depositions of foreign witnesses, eventually settling the case*

*Matter handled prior to joining the firm.

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• Served as lead counsel in Hatch-Waxman litigations in which a pharmaceutical company defended its patents covering a migraine therapy in the first Paragraph IV litigations tried in the Eastern District of Texas; affirmances of judgment were granted in two separate appeals (E.D. Tex.); (CAFC)*
• Served as lead counsel in Hatch-Waxman litigations relating to numerous pharmaceutical products including those for the treatment of pain, epilepsy, bipolar disorder, acne, Alzheimer’s, ADHD, end stage renal disease and cancer (D.NJ) (D.Mass.) (D. Del.) (N.D. Tex.)*
• Represented a food products manufacturer in a patent litigation and attendant inter partes reexamination that included an appeal to and argument before the PTAB; the PTAB reversed the examiner and entered a new rejection of all pending claims (E.D. Tex.) *
• Served as lead trial counsel for a dry groceries manufacturer in a patent infringement case involving plant sterols; sought transfer of the case from its originally filed jurisdiction to the defendant’s home forum, and meanwhile, filed an ex parte reexamination request with the USPTO; the Court in the transferee forum then stayed the case pending reexamination, resulting in the cancellation of all of the asserted patent’s claims (D. Me.) (E. D. WI) *
• Represented a consumer products company in a litigation relating to dental materials (D. MN) *
• Represented a consumer products company in a litigation relating to an automotive after-market product (D. MN) *
• Represented a plant biotechnology company in patent litigations relating to genetically modified plants (D. D.C.) *
• Represented a biotechnology company in a multipatent infringement litigation filed in the Eastern District of Texas, relating to the use of labeled oligonucleotide primers in PCR (E.D. Tex.) *
• Represented a Swedish medical device company in litigations relating to medical imaging and patient data management (S.D. Cal.) (E.D. Wis.) *
• Represented a grocery retailer in a design patent and trade dress case relating to a children’s product (E.D. Tex.) *
• Represented a media company in a patent infringement case related to photographic images and information displayed on the floor—which is a significant source of revenue for the client—favorable ruling on claim construction; subsequently, the plaintiff conceded that it could not prove infringement, and the court entered a final judgment of dismissal (E.D. Tex.); (Fir. Cir.) *
• Represented a Danish biotechnology company in a patent infringement case relating to genetically-engineered enzymes used to make fuel ethanol; the patent was held invalid for lack of written description at the trial court level and affirmed on appeal (W.D. Wis.) *

International Trade Commission Litigation

• Representing a DNA sequencing company in patent investigation before the ITC, securing an MSD of noninfringement which was affirmed on appeal*
• Representing a DNA sequencing company in patent investigation before the ITC relating to nanopore sequencing technology, resulting in a favorable settlement for the client*
• Represented a large retail grocery in patent investigation before the ITC relating to multiple mode (solid and gas fueled) outdoor grills, resulting in a favorable settlement for the client*

Patent Post-Grant Proceedings

• Represented a pharmaceutical company in eight IPR proceedings related to challenges to patents covering pharmaceutical products, successfully avoiding institution in six of the cases, and prevailing at trial on the other two*
• Represented a research tools company in four inter partes reexaminations related to high-throughput sequencing that resulted in rejections of all challenged patent claims through Actions Closing Prosecution in less than 12 months from filing of initial requests*
• Represented a global manufacturer and marketer of differentiated chemicals in an arbitration involving patents directed to photocurable resins for use in stereolithography, resulting in a favorable settlement for the client*

*Matter handled prior to joining McDermott.

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In addition to FDA, companies must also consider the impact of their advertising and marketing claims. The requirements and standards of the Federal Trade Commission and the National Advertising Division of the Better Business Bureau impact the way companies communicate with consumers and other businesses about the benefits of their products. Heili guides companies with a risk-based approach in understanding how marketing claims affect product classification, consumer expectations, claims substantiation, and potential liabilities. With steep competition in today’s marketplace, Heili regularly counsels companies on advertising challenges and develops sophisticated strategies that combine aspects of regulatory and advertising compliance.

As companies look to expand into global markets, Heili offers international insight into regulatory agencies in Asia with her years at the largest law firm in Seoul, Korea. Heili helps companies coordinate local and foreign counsel to address international compliance and standards to allow FDA-regulated companies to assess and develop a comprehensive approach for these markets.

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• American Conference Institute, Food Law – Regulation, Compliance, and Litigation Conference, Co-Chair, 2020
• Suited for Change, Board of Directors, Member, 2018 to 2020

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