Chemical

The Chemical Practice Group at Haynes and Boone comprises lawyers whose educational and technical backgrounds help clients in a variety of chemical technologies. We offer patent prosecution, patent and trade secret counseling, license and other agreement preparation and negotiation, and litigation services. We provide clients with a “whole business” approach to help manage IP aspects of the chemical industry.

Our team of lawyers, patent agents, and technical advisors hold degrees in various scientific arts, including organic chemistry, biochemistry, physical chemistry, chemical engineering, material science, physics, and biology. Several of our team members have advanced scientific degrees, and one is an M.D. In addition, many members of the Chemical Practice have industry and academic experience, including a former chemistry professor. For more than 30 years, our lawyers have been counseling clients in intellectual property matters in the chemical industry. Our team combines their technical and scientific experience in the chemical field with their substantial intellectual property legal experience. This combination of legal and technical experience translates into a full-service practice that assists clients with their IP needs across a wide range of chemical-related technologies.

Representative chemical technologies that we have assisted clients with include petrochemicals, polymers, plastics, pigments, concrete compositions, glass compositions, downhole oilfield fluids, catalysts, carbon nanotubes, organic and inorganic materials, semiconductors, agricultural products, food and flavor products, cosmetics, pharmaceuticals, neutraceuticals, medical devices, bioactive coatings, and more.

Prosecution and PTO Representation

The Chemical Practice Group has prosecuted and obtained hundreds of chemical-related patents, and has managed complex portfolios covering key product lines and R&D work leading to next-generation products. These include patents related to:

  • new compositions of matter
  • articles of manufacture
  • chemical processes for making and using such materials
  • routes of synthesis
  • processing equipment
  • diagnostic methods and equipment

Our lawyers regularly work with foreign counsel across the globe to prosecute and manage foreign patent applications based on each client’s geographic footprint.

Our lawyers routinely represent clients in post-grant proceedings before the United States Patent and Trademark Office, including inter partes review proceedings, reissue proceedings, post-grant review proceedings, and derivation proceedings.

Counseling and Opinions

We assist our clients in building and managing complex portfolios of patent rights, both domestically and internationally, to protect key and potential commercial technologies. Our team regularly provides clients with analyses of complex scientific and legal issues, including freedom-to-operate, non-infringement, and invalidity opinions. We also provide landscape analyses and consult with and advise clients on design-around alternatives.

Transactions

We advise clients with respect to a full range of transactional issues, including patent and related IP-diligence and the negotiation and drafting of various agreements in connection with mergers, acquisitions, divestitures, secure financings, and partnering arrangements such as joint venture and distribution arrangements. The Chemical Practice team is familiar with trade secret, patent, copyright, and software issues that arise in the chemical industry.

Litigation

The Chemical Practice Group is adept at litigating for our clients in courts across the country, including the International Trade Commission. Our litigation team works closely with our chemical practitioners and scientific advisors to counsel clients from discovery to trial. Our chemical litigation experience ranges from trade secret matters involving such technologies as semiconductors and activated carbon, patent infringement cases involving such technologies such as high-strength plastics and retroreflective backings, and Hatch-Waxman/ANDA issues.

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