In the News

Haynes and Boone Transaction Recognized as Cross Border Deal of the Year by Global M&A Network

The Global M&A Network has selected Strides Arcolab’s transaction with Mylan, Inc. as its M&A Atlas Global Major Markets Cross Border Deal of the Year in the $1-$5 billion category, recognizing Haynes and Boone, LLP’s role as U.S. counsel to Strides Arcolab. The award honors top deals, dealmakers and firms. >>



Recent Publications

FDA Throws the (Purple) Book at Biosimilars - Purple v. Orange

On September 9, 2014, the U.S. Food and Drug Administration (FDA) published the inaugural “Purple Book,” a list of approved or “licensed” biological products, including all biosimilar and interchangeable biological products. >>



Evert Uy Tu

Counsel

Orange County


600 Anton Boulevard
Suite 700
Costa Mesa, California 92626
T +1 949.202.3043
F +1 949.202.3143

Areas of Practice

Education

  • J.D., University of California, Berkeley School of Law, 2003, Member, Berkeley Technology Law Journal
  • B.S., Chemistry, University of the Philippines, 1998, magna cum laude

Bar Admissions

  • California, 2003
  • District of Columbia, 2004
  • U.S. Patent and Trademark Office, 2005

Languages

  • Chinese (Fukien)
  • English
  • Tagalog
Evert Uy Tu

Evert Uy Tu's practice is focused in the area of intellectual property law, with a particular emphasis on patent law. Her experience covers a wide variety of technologies including generic pharmaceutical formulations and processes, business methods, food chemistry products, materials science, office supplies, oil drilling equipment, activated carbon technology, semiconductor manufacturing, and medical devices. Her practice includes preparation and prosecution of patent applications, along with patent counseling and opinions in connection with ANDA filings as well as other commercial products and services, including patentability, freedom to operate, validity and non-infringement opinions.

Evert also assists clients with intellectual property due diligence and drafting intellectual property agreements, including licenses and confidentiality agreements.

Selected Client Representations

  • Counsel pharmaceutical clients regarding patent issues in connection with ANDA filings.
  • Prepare and prosecute patents to chemical and pharmaceutical compositions and processes.
  • Provide litigation support in a trade secret case involving activated carbon technology.

Recent Publications

  • "USPTO's Final Rejection of a Patent Isn't So Final," co-authored with Jeffrey A. Wolfson, Law360, September 5, 2013.
  • "Proceed With Caution: Does That Employment Agreement Have A Proper IP Assignment?" co-authored with Jeffrey A. Wolfson, Lexology, June 9, 2011.
  • "Effective Affidavit Practice," UT CLE 2011 Advanced Patent Law Institute Materials, January 20, 2011.
  • "Proceed with caution: does that employment agreement have a proper IP assignment?" co-authored with Jeffrey A. Wolfson, Lexology, June 9, 2011.
  • "'Abbreviated' Biologics Applications: The Reality of Providing Biosimilar Products," co-authored with Jeffrey A. Wolfson, IPO Annual Meeting Conference Materials, September 12-14, 2010.
  • "Double Standards at the Federal Circuit," co-authored with Jeffrey Wolfson, Lexology, October 1, 2009.
  • "To CIP Or Not To CIP? There Is No Question," co-authored with Jeffrey Wolfson, IP Law360, November 21, 2008.
  • "Living (La Vida Loca) Under Your NDA," co-authored with Jeffrey Wolfson, presented to the AIPLA Annual Meeting, Special Committee on Mergers & Acquisitions, October 23, 2008.

Selected Professional Activities and Honors

  • Pro Bono service award from Winston & Strawn LLP (2004)
  • Participant in 2010-2012 Advocacy and Justice Clinic (D.C. Bar Pro Bono Program)

Selected Representative Experience


Multi-Billion Dollar Pharmaceutical Sale
Served as U.S. counsel to Strides Arcolab Ltd. in its $1.6 billion sale of Agila Specialties Private Ltd., a generic drug maker of injectable medicines, to Mylan Inc., the second largest stand-alone generic drug maker in the world.

Memberships

  • State Bar of California
  • District of Columbia Bar
  • National Asian Pacific American Bar Association

Online Publications

10/21/2014 - FDA Throws the (Purple) Book at Biosimilars - Purple v. Orange
On September 9, 2014, the U.S. Food and Drug Administration (FDA) published the inaugural “Purple Book,” a list of approved or “licensed” biological products, including all biosimilar and interchangeable biological products.

09/30/2013 - The IP Beacon, September 2013
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

09/05/2013 - Law360 Guest Article: USPTO's Final Rejection Of A Patent Isn't So Final
A final U.S. Patent and Trademark Office action rejecting a patent application may appear to sound the death knell for your company’s patent application. Fortunately, in patent prosecution, as with many mistakes in life, “final” does not really mean “final” — you still have opportunities to “make amends” and overcome the problem in various ways.

08/16/2011 - Proceed With Caution: Does that Employment Agreement Have a Proper IP Assignment?
The Supreme Court ruled earlier this week that the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., et al.

08/16/2011 - The IP Beacon, August 2011
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

10/01/2010 - The IP Beacon, October 2010

09/08/2010 - "Abbreviated" Biologics Applications: The Reality of Providing Biosimilar Products

10/02/2009 - The IP Beacon, October 2009
The IP Beacon is a quarterly newsletter prepared by the Haynes and Boone Intellectual Property Practice to inform clients and friends of trends and changes in intellectual property law.

09/21/2009 - Double Standards at the Federal Circuit
Generally, “product” claims in a patent define a product in terms of its structure, properties, or composition. A product claim could thus cover a pharmaceutical composition or formulation with a well-characterized compound and useful excipients, a light-weight alloy used in windmill blades for renewable power, or an electrolyte composition for a fuel cell. In contrast, a “product-by-process” claim defines the product partly by how it is made, i.e., the claim recites process or method steps.

11/24/2008 - To CIP Or Not To CIP? There Is No Question
IP Law360
As an inventor or decision maker for the business, you should know enough to discuss the forest before your patent counsel starts cutting the trees in making significant, irreversible decisions affecting your patent rights. 

10/23/2008 - Diligence in Preliminary Merger & Acquisition Evaluations
AIPLA Annual Meeting, Special Committee on Mergers & Acquisitions
After conducting the initial due diligence using public information to obtain and evaluate the intellectual property rights of a potential merger or acquisition target, you have entered a Non-Disclosure Agreement (NDA) to engage in more intimate discussions with your target to continue the deal process.