Connolly Bove Chemical Industry Attorneys
The chemical industry faces challenges ranging from worldwide competition to increasingly complex operations and rising costs of doing business. Voluminous prior art often comes into play, and the complexity of the technology has grown exponentially. As a result, obtaining viable patent protection requires a thorough understanding of the issues and technology presented. Connolly Bove’s chemical industry group is comprised of a talented team of highly qualified and diversified intellectual property and complex technology attorneys well versed in all types of IP concerns, including patent infringement, prosecution and protection.
With more than 60 years of experience, our firm has a track record in the courts and at the U.S. Patent and Trademark Office (USPTO), as well as in patent offices around the world, which demonstrates our comprehensive grasp of the technologies and our mastery of effective advocacy techniques.
IP Smart
Our Chemical Industry Attorneys Have Advanced Degrees that Strengthen Our Chemical Industry Intellectual Property Practice.
We have the background to address the difficult IP challenges that chemical industry clients face. Nearly one-third of our attorneys have advanced technical degrees in such areas as chemistry, plant biology, molecular biology, bioscience, biotechnology, plant molecular biology or genetics.
Connolly Bove chemical patent litigation attorneys litigate patents in the U.S. District Courts and appeals at the U.S. Court of Appeals for the Federal Circuit. In addition, we manage all phases of patent prosecution from preparing and filing patent applications through presenting appeals at the U.S. Board of Patent Appeals and Interferences. We also handle reissue applications and requests for reexamination. Our attorneys represent companies of all sizes from start-ups to Fortune 500 companies, with the following services:
- Developing and implementing comprehensive patent strategies and portfolio management
- Assessing and processing invention disclosures
- Preparing and prosecuting patent applications in the United States as well as in foreign jurisdictions, focusing on creating high-quality patents that can withstand the intense scrutiny of litigation and hindsight
- Conducting and evaluating the results of patent searches
- Handling re-examination and interference proceedings at the USPTO
- Drafting and negotiating agreements and profitable licensing and cross-licensing arrangements
- Providing patent infringement advice and counselling, including the evaluation of patent validity and enforceability, as well as design-around strategies
- Clearing new products and aiding in the assessment of IP risks related to the introduction of products
- Enforcing client IP rights as well as defending our clients against the IP claims of others
- Conducting due diligence investigations when acquiring third party IP
- Strategic procurement of international patents and trademarks
- Protecting trademarks
- Preserving trade secrets
- Mitigating IP risks arising from industry standards participation and patent valuation
While we actively counsel our clients on litigation alternatives and avoidance, we are always prepared to litigate when necessary. Our vast litigation experience and thorough knowledge of U.S. and international IP laws enable us to effectively represent our clients in all types of IP challenges, including the prosecution and defense of patent infringement claims, ITC litigation, trademark infringement and trade secret misappropriation cases.
Additionally, many of our attorneys teach and train those within the chemical industry, including client trainees and the legal community, assuring that we are always intimately aware of the current trends, technology and legal developments impacting the industry.
Business Savvy
Our Chemical Industry Attorneys Understand Intellectual Property Issues as They Relate to Your Business.
Our attorneys provide a full range of client counselling services involving freedom to operate and validity opinions. Moreover, we advise on infringement opinions that are used as factors in a client’s business risk analysis to determine whether to launch a new product, invest in another's technology, sue a competitor or assign a value to its own technology for licensing, sale or capital raising purposes. The Connolly Bove advocates know the issues in the regulatory arena, and are adept at devising IP strategies that enable clients to balance sustainable growth with the need to comply with environmental and other requirements.
Our chemical industry attorneys oversee many of our clients’ entire patent portfolios, which include U.S. prosecution as well as obtaining foreign patent rights and managing and directing prosecution in other countries. We guide our clients through what can look like a legal minefield, and provide practical business advice along the way.
Our chemical industry IP attorneys support our clients’ business with new patent applications as well as prosecutions before the USPTO in numerous technologies including:
- Synthetic polymers for such diverse uses as coatings, adhesives and binders
- Biodegradable compositions
- Cosmetics
- Lubricants
- Cements
- Catalysts
- Food additives
- Herbicides
- Fungicides
- Insecticides
- Materials and processing of semiconductors
- Surfactants
- Vitamins and nutritional supplements
- Organic synthesis
- Batteries and fuel cells
- Tires
- Textiles and metallurgy
- Protective and finish coatings
- Emulsions
- Adhesives
Client Connected®
Our Chemical Industry Attorneys Develop Advantages for Our Clients.
We represent large multinational chemical companies as well as small to mid-size U.S. and international chemical companies, helping them handle legal and regulatory issues and challenges. To better understand client needs, we regularly visit clients whether in the U.S. or elsewhere. A number of our attorneys speak a second language such as French, German, Spanish, Japanese, and Mandarin, which further enhances our ability to communicate effectively with our clients.
Recognizing the competitive nature of the chemical industry, our multi-disciplinary team is sensitive to the urgency of projects, and establishes client teams based on the skill sets required, handling each matter effectively yet economically. Connolly Bove’s infrastructure and electronic systems make it possible for us to prepare, file and prosecute numerous chemical patent applications, and our fee schedule for patent filing and related activities is very competitive.
Overall, our goal is to devise the most creative and cost-efficient solutions to our clients’ highly complex legal issues, allowing them to focus on their businesses.
Representative Clients
Albermarle
BASF SE
Bayer
Dai Nippon Printing
Evonik Degussa GmbH
FMC
H.C. Stark
Henkel
Kaneka Corporation
L’Oreal
Merck GmbH
Nippon Shokubai
Novamont
Sekisui Chemical
Solvay
Uniqema
Vesuvius
Yokohama Rubber Company
Representative Matters
Established Rohm and Haas’ rights at the United States Supreme Court to enforce its patent on a method of using a rice herbicide to control an unpatented non-staple article of commerce against a charge of patent misuse. Dawson Chemical Company v. Rohm and Haas Company, 448 U.S. 176 (June 27, 1980). Subsequently, the firm was instrumental in defeating other antitrust claims that Rohm and Haas had illegally monopolized the rice herbicide market and had engaged in predatory pricing and illegal market division. Dawson Chemical Company v. Rohm and Haas Company, 557 F. Supp. 739 (S.D. Tex. 1982).
Turned back an infringement claim against Atlantic Richfield Company (now BP), based on a patent involving the processing of organic sludge. The Delaware District Court granted Atlantic Richfield’s summary judgment motion of non-infringement in this MDL litigation. The firm obtained a per curiam affirmance of that decision. In re Manchak Patent Litigation, 63 Fed. Appx. 489 (Fed. Cir. May 15, 2003).
Obtained a favorable settlement for patent holder Clariant in an infringement action against Houghton for the unauthorized manufacture and sale of a low nickel/low cobalt composition used in metal treatment applications. Clariant Corp. v. Houghton International Inc., et al., 3:98-cv-00351-HM (W.D.N.C. June 22, 1999).
Achieved a favorable settlement for patent holder Henkel in an infringement action against Procter & Gamble for the unauthorized manufacture and sale of DRYEL®, a home dry-cleaning kit. Henkel Corp. v. Procter & Gamble, 1:02-cv-00551-JJF (D. Del. Aug. 28, 2002).
Represented Rohm and Haas in an action to enforce patents relating to ion exchange resin technology; the validity and enforceability of the patents were upheld, preserving Rohm and Haas’ licensing program. Rohm and Haas Company v. Brotech Corp., 1:90-cv-00109-JJF (D. Del. Sept. 30, 1996).
Secured a positive settlement for patent holder Mona Industries in an infringement action against a competitor for the unauthorized manufacture and sale of synthetic phospholipids. Mona Industries v. Colonial Chemical, Inc., et al., 1:02-cv-00139-RRM (D. Del. May 16, 2002).
Represented and negotiated a settlement for defendant Nexpress Solutions in a patent infringement case regarding photocopier toner and developer. Kao Corporation, et al. v. Nexpress Solutions, Inc., 1:04-cv-00288-JJF (D. Del. May 10, 2005).
Obtained a favorable settlement and entry of a consent decree as to Chemquest’s claim that Henkel engaged in unauthorized use of trademarks and patented technology related to autodepositing coatings used in the automotive industry. Henkel Corp. v. Chemquest, Inc., 1:06-cv-00665-RHB (W.D. Mich. Feb. 20, 2007).
After a three-week trial, obtained an injunction for client Miles, Inc. (now Bayer) against former employees and their new employer who were found to have "maliciously misappropriated Miles' trade secrets." In addition to granting an injunction, the court awarded nearly $1 million in attorney’s fees to Miles. Miles Inc. v. Cookson America, Inc. et al., 1994 Del. Ch. LEXIS 221 (Nov. 7, 1994).
Resources
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