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