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 chemical or pharmaceutical formulations, processes, and methods of treatment, anti-corrosive coatings, oilfield chemicals, specialty fibers and inorganic materials, agricultural chemicals, beverage filling systems and methods, 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. Evert regularly performs due diligence in connection with corporate transactions of biopharmaceutical companies.
Selected Client Representations
- Counsel pharmaceutical clients regarding patent issues in connection with ANDA filings
- Counsel pharmaceutical client regarding non-infringement and invalidity of patents directed to tamper-resistant formulations of opioids
- Prepare and prosecute patents to chemical and pharmaceutical compositions and processes
- Provide litigation support in a trade secret case involving activated carbon technology
- Pro Bono service award from Winston & Strawn LLP, 2004
- State Bar of California
- District of Columbia Bar
- National Asian Pacific American Bar Association
- Participant in 2010-2012 Advocacy and Justice Clinic (D.C. Bar Pro Bono Program)
- “FDA’s Focus On Drug Appearance May Cause Ugly Problems,” co-authored with Jeffrey A. Wolfson, Law360, August 25, 2015.
- “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.
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
District of Columbia
U.S. Patent and Trademark Office
A Haynes and Boone, LLP deal team represented Actinium Pharmaceuticals, Inc. (NYSE AMERICAN: ATNM) in a $25 million public offering of its common stock. Actinium is a clinical-stage biopharmaceutical company developing ARCs or Antibody Radiation-Conjugates. It said in a statement that it intends to use the net proceeds from the offering to complete its ongoing pivotal, Phase 3 SIERRA trial for it [...]