INDUSTRY  EXPERTISE

Biotechnology and Life Sciences

 

          McHale & Slavin's patent attorneys and agents blend years of practical experience in both the private sector and the United States Patent and Trademark Office, which enables us to assist clients in developing innovative legal and business strategies structured around their intellectual properties.

 

          Our expertise allows us to fully comprehend our client's innovations in a wide variety of biotechnology fields including immunology, molecular biology, cell biology, gene therapy, genomics, proteomics, microbiology, virology, biochemistry and plant sciences. We have worked with inventors and firms in the biotechnology, pharmaceutical, and life sciences industries in a multitude of disciplines including genetic engineering, immunology, microbiology, developmental biology, neurology, virology, gene therapy, gene regulation, transgenic animals and plants, genomics-based analysis and diagnosis, bioinformatics, small-molecule design, peptide analog design and synthesis, drug discovery, proteomics, and gene- and cell-based therapies.

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

Business Methods

 

          McHale & Slavin's familiarity with internet businesses and software patents has enabled us to advise clients as to the best methods of protecting their innovative business methods. The firm employs former patent examiners with U.S. Patent and Trademark Office experience in the business method area. We advise our clients on how to obtain the broadest possible protection for their novel business methods under the current rules and policies of the U.S. Patent Office governing examination and issuance of business method patents. We also keep abreast of the policy changes and federal court decisions in this area to ensure that our client's novel ideas receive the broadest and best possible protection. Patents on methods of doing business were allowed in the aftermath of State Street Bank & Trust Co. v. Signature Financial Group, 149 F.3d 1368 (Fed. Cir. 1998). That ruling opened the door to patents for novel methods of doing business for services that were otherwise denied patent protection - such as arbitration, tax-planning, legal counseling, charity fundraising, and even novel-writing. In the case of In re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 (Fed. Cir. 2008), the Court of Appeals for the Federal Circuit (CAFC) ruled that the Bilski patent (method of hedging risks in commodity trading) did not fall within the subject matter of patentable material and reached this decision based on the so called machine or transformation test. The case was eventually addressed by the United States Supreme Court. Although the Supreme Court affirmed the CAFC’s decision, it reached its decision based on different grounds, holding that the Bilski patent was an abstract idea and therefore not patentable subject matter. More importantly, it refused to categorically exclude business patents from potentially obtaining patent protection under U.S. Patent Laws. As it has done in previous patent cases, the Supreme Court rejected the Court of Appeal’s use of a bright line test. As discussed in the Supreme Court’s opinion, the machine or transformation test maybe a useful tool, however, it should not be the sole test for determining patent eligibility. Accordingly, inventors should apply for business method protection as long as such inventions are not merely abstract ideas and are in compliance with other aspects of patent law (new, non-obviousness and useful).

 

          Our experience and advice enables our client to make sound business decisions regarding the manner in which business method patents fit into their intellectual property portfolio and business plan. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

Chemistry and Chemical Engineering

 

          McHale & Slavin's chemical patent attorneys and agents have real-world industry and USPTO experience in chemistry and chemical engineering operations, and couple that knowledge with legal experience to effectively handle chemical intellectual property matters. Our areas of expertise includes organic chemistry, physical chemistry, inorganic chemistry, analytical chemistry, biochemistry, polymer science, and materials sciences. Our representation extends to a wide variety of industries, including chemical, pharmaceutical, personal products, household products, plastics and polymers, agrochemicals, chemiluminescence, medical devices, metallurgy, energy products, analytical instrumentation, pulp and paper science, adhesives, fuel cells, industrial and municipal water treatment, membrane separation processes, and battery industries.

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Consumer Products

 

          McHale & Slavin's patent attorneys and agents have backgrounds in mechanical engineering, chemical engineering, biology, biotechnology, materials science, industrial manufacturing, and computer science. They have worked as engineers, scientists, researchers, in-house counsel, and United States Patent and Trademark Office examiners. Our staff includes skilled attorneys with expertise in trademark and copyright law. As a result, we provide our clients with an integrated approach and assist them in developing innovative legal and business strategies structured around their intellectual properties.

 

          Our consumer product IP experience spans many areas including: clothing and apparel, cosmetics, electronics, food and beverage, fishing equipment, health and beauty products, household appliances, nutrition, and sporting goods.

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of IP services to our clients including: patent, trademark, and copyright prosecution; opinions; nondisclosure agreements; licensing; due diligence; and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Electromechanical

 

          McHale & Slavin's patent attorneys and agents blend years of practical experience in both the private sector and the United States Patent and Trademark Office. Each has one or more engineering or science degrees. This enables us to assist clients in developing innovative legal and business strategies structured around their intellectual properties. Our clients look to us to assist them with protecting their electromechanical technologies.

 

          Our expertise allows us to fully comprehend our client's innovations in a wide variety of technologies including: HVAC, instrumentation, intelligent devices, micro-electro-mechanical systems (MEMS), positioning systems, processing equipment, robotics, security and surveillance systems. We have worked with inventors and firms in a multitude of electromechanical disciplines.

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of intellectual property services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Energy and Alternative Energy

 

          Our clients look to us to assist them with protecting their energy and alternative energy technologies. McHale & Slavin's patent attorneys and agents, each with at least one engineering or science degree, provide an integrated approach to energy challenges. Our professionals have backgrounds in mechanical engineering, chemical engineering, biology, biotechnology, materials science, industrial manufacturing, and computer science. They have worked as engineers, scientists, researchers, in-house counsel, and United States Patent and Trademark Office examiners.

 

We advise established and emerging energy companies involved in areas as diverse as:

 

  • Alternative energy storage systems
  • Batteries
  • Bio-based materials
  • Desalination
  • Emissions reduction
  • Energy management systems
  • Exhaust gas treatment
  • Fossil fuels
  • Fuel cells
  • Geothermal
  • "Green" chemistry
  • HVAC
  • Heat Exchangers
  • Hot gas and hydrodynamic turbines
  • Hydrogen generators
  • Hybrid propulsion
  • Illumination
  • Intelligent construction
  • Internal combustion engines
  • Lubrication
  • Off-grid power systems
  • Oil field management
  • Photovoltaics
  • Pollution abatement
  • Power plants
  • Pumps
  • Solar energy
  • Tidal power
  • Valves and fluid handling systems
  • Vehicular and nautical propulsion
  • Water treatment
  • Wind turbines

 

          We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Industrial and Manufacturing

 

          McHale & Slavin's patent attorneys and agents, each with at least one engineering or science degree, provide our clients an integrated approach. Our professionals have backgrounds in mechanical engineering, chemical engineering, biology, biotechnology, materials science, industrial manufacturing, and computer science. They have worked as engineers, scientists, researchers, in-house counsel, and United States Patent and Trademark Office examiners. We have extensive experience working with industrial manufacturing companies. This enables us to assist clients in developing innovative legal and business strategies structured around their intellectual properties.

 

Our expertise allows us to fully comprehend our client's innovations in a wide variety of technologies including:

 

Aerospace components and technologies

Agribusiness and food processing technologies

Automotive components and technologies

Bioengineering technologies

Biotechnology

Emerging technologies

Energy technologies

Industrial design

Marine components and technologies

Materials technologies

Medical devices and technologies

Metalworking

Nanotechnology

Plastics

Pharmaceuticals

Power plants

Semiconductors

Telecommunications

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Internet and E-Commerce

 

          McHale & Slavin's experience and knowledge has kept pace with the legal developments and economic opportunities of the information age. Our experience in intellectual property extends to the many unique and complex issues involving computer hardware and software, the Internet, E-commerce, and the protection of Internet based business methods. We provide a broad range of services including registration and protection of domain names and trademarks. We also provide counsel regarding the rights of Internet site usage and Internet related technologies, including trademarks, and domain names; copyright clearance and protection; unfair competition; and software and other IP asset licensing. We prepare and review software development, distribution and licensing agreements.

 

          Members of the McHale & Slavin's Internet and E-commerce group include attorneys, patent agents and technical specialists who draw upon their experience in the real world and the U.S. Patent and Trademark Office to advise clients in all areas of intellectual property law relating to the Internet and Electronic commerce. We work closely with our worldwide network of foreign affiliates as we appreciate that international protection is an important consideration for Internet-related intellectual property.

 

Our areas of expertise include:

 

Trademarks

 

  • Use of Internet and other search engines for trademark clearance and investigation
  • Investigation of and prosecution the misuse of meta-tags, hidden text, false summaries and other devices which utilize our client's trademarks by third-party Web sites

 

Copyrights

 

  • Internet webpage content is largely protectable under U.S. and international copyright laws. Whether music, artwork, streaming video, or text arising from independent creation - or the selection, arrangement or coordination of those elements - all are protectable aspects of web-page presentation.

 

Domain Names

 

  • Clearance
  • Registration
  • Acquisition
  • Challenge of third-party use and registrations
  • Uniform dispute resolution challenges
  • Anti-Cybersquatting Consumer Protection Act and other unfair competition litigation

 

          Our attorneys are experienced in providing counsel regarding all of these areas and in assuring that our clients' activities do not infringe on anyone else's rights. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Mechanical

 

          McHale & Slavin's patent attorneys and agents have worked as engineers, scientists, researchers, in-house counsel, and United States Patent and Trademark Office examiners. Each has at least one engineering or science degree. Our clients look to us to assist them with protecting their mechanical technologies.

 

          Our expertise allows us to fully comprehend our client's innovations in a wide variety of technologies including: automotive components and technologies; energy technologies; engines; fuel delivery systems; generators; HVAC; heat exchangers; industrial/manufacturing technologies and processes; materials technologies; medical devices and technologies; power plants; propulsion; pumps; turbines; and valves and fluid handling systems. We have worked with inventors and firms in a multitude of mechanical disciplines.

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Media and Entertainment

 

          The media industry operates in a legal environment where many well settled, common, corporate or traditional business legal tenets simply do not apply. Without some degree of inside knowledge of the media industry, one can easily find the language, principles and practice of the media industry difficult to navigate.

 

          We approach media, art, and entertainment matters from a pragmatic perspective, based on applied experience directly in these industries. We offer artists, entertainers and other media personnel the advantage of having actually worked and performed in the "trenches" of these industries. We represent internationally famous musical entertainers, Rock And Roll Hall Of Fame® inductees, entertainment industry inside photographers, artists, broadcast and Internet television producers, and media "talent." We provide representation ranging from contract negotiation to licensing; resolving content ownership and copyright disputes to display and performance agreements.

 

          Additionally, with the ongoing development of the digital age and the Internet, legal issues once unheard of, now present themselves almost daily. Our attorneys are accustomed to handling unexpected challenges presented by the intersection of traditional legal media & entertainment and developing modern digital issues.

 

          McHale & Slavin's media and entertainment practice is led by a former career musical entertainer whose background includes musical directing, performance, recording, event coordination and talent booking, and music producing. We believe that our real-world practical industry experience sets us apart from other general intellectual property practices, allowing us to uniquely understand the issues facing clients in this field. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Medical Devices

 

          McHale & Slavin's attorneys and agents are experienced in effectively preparing and prosecuting mechanical, biomechanical and medical device patents. They have both real-world patent prosecution experience and United States Patent and Trademark Office examining experience covering a broad range of medical devices. This includes devices for magnetic resonance imaging, ultrasound and x-ray imaging, complex catheters, intraluminal and minimally invasive surgical methods, devices, and navigation systems, prosthetic organs, joints and orthopedic devices, surgical instruments and inserts, and drug delivery devices.

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Nanotechnology

 

          Drawing upon their expertise in technical areas critical to nanotechnology research, such as nanoparticle design, solid state physics, carbon nanotubes, optics, biotechnology, electronics, materials, chemistry, and sensors, McHale & Slavin's attorneys and agents assist clients in navigating through the complexities of patent law that are of particular relevance to nanotechnology research, to insure the development of strong IP portfolios.

 

          Our firm's attorneys and agents have both real-world patent prosecution experience and United States Patent and Trademark Office examining experience. Each has one or more engineering or science degrees. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Pharmaceutical

 

          McHale & Slavin's patent attorneys and agents representing pharmaceutical industry clients are keenly aware of the diversity of protectable inventions that are obtainable throughout the world. We fully appreciate our clients' interests in obtaining the most vigorous IP portfolio possible in order provide a broad platform of protection to act as a foundation for the large capital investments required in this industry. We conduct thorough research on inventions such as vaccines, antimicrobials, oncologics, immunosuppressives, anti-inflammatories, and anti-virals, and consult with leading practitioners among our cadre of international associates in order to craft a portfolio that addresses the broadest possible degree of worldwide protection.

 

          Whether for a start-up company or an established firm, our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. Our firm's attorneys and agents have both real-world patent prosecution experience and United States Patent and Trademark Office examining experience. Each has one or more engineering or science degrees. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Physics and Optics

 

          McHale & Slavin's patent attorneys and agents blend years of practical experience in both the private section and the United States Patent and Trademark Office. Each has one or more engineering or science degrees. This enables us to assist clients in developing innovative legal and business strategies structured around their intellectual properties. Our clients look to us to assist them with protecting their optical and semiconductor technologies.

 

          Our expertise allows us to fully comprehend our client's innovations in a wide variety of technologies including illumination, fiber optics, photolithography, optical metrology systems, lasers, chemiluminescence LEDs, optoelectronics, optical networks, photonics, holography, optical materials, and semiconductor technologies. We have worked with inventors and firms in a multitude of disciplines including telecommunications, photomedicine, and semiconductor manufacturing.

 

          Our IP professionals have the legal, scientific, and commercial business expertise to provide our clients with the representation they need. We provide the full range of IP services to our clients including: patent prosecution, opinions, nondisclosure agreements, licensing, due diligence, and all aspects of enforcement litigation. Contact us for additional information or to schedule a consultation.

 

 

 

 

 

 

Software

 

          McHale & Slavin has considerable experience representing clients in the computer software industry. In addition to our attorneys and registered patent agents with private sector software experience, our staff includes former patent examiners who specialized in this area while with the U.S. Patent and Trademark Office. This broad expertise enables us to stay abreast of the latest developments in the prosecution of these applications and to assist clients in obtaining protection for their novel ideas or in determining if trade secret or copyright protection is proper. The Supreme Court addressed the future of business patents and software patents in the case of Bilski v Kappos, 130 S.Ct 3218 (2010). The Supreme Court affirmed the Court of Appeals for the Federal Circuit’s (CAFC) decision; however, it reached its decision based on different grounds, holding that the Bilski patent was an abstract idea and therefore not patentable subject matter. More importantly, it refused to categorically exclude business patents from potentially obtaining patent protection under U.S. Patent Laws and rejected the use of the machine or transformation test as the sole test for determining patent eligibility. Case law such as this must be monitored closely in determining what type of coverage may be obtainable. While the Federal Circuit has largely made "software" unpatentable at this time, they did not prevent the patenting of a computer that accomplishes a certain defined task. Given that a computer is for all intents and purposes completely useless without software, you can still protect software in an indirect manner by protecting the computer itself, and by protecting a computer implemented process. Rather than describing the process as it would be done by a human actor, you define the process as it is done by a computer. The inability to actually call the invention "software" does, however, mean that the disclosure needs to be much more detailed.

 

          Our clients include hardware and software vendors, small enterprises, start-up companies and individual inventors. Subject matter of these patents include networks, voice recognition, imaging, user interfaces, operating systems, windowing, image processing, consumer and industrial application programs, and graphics. We have drafted and negotiated agreements and licenses for the development and distribution of various software applications, including source code licenses and negotiation of source code escrow agreements. Contact us for additional information or to schedule a consultation.

 

 

 

 

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