Firm / Organisation

McAndrews, Held & Malloy, Ltd

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This content is provided by McAndrews, Held & Malloy, Ltd.

Co-Chairs: Timothy J Malloy Esq, Robert A Surrette, Esq.
Number of partners: 46
Number of lawyers: 73
Languages: Arabic, Chinese, English, German, Italian, Hindi, Japanese, Korean, Polish, Punjabi, Spanish, Urdu

Firm Overview:
McAndrews, Held & Malloy is one of the most sought-after and highly regarded intellectual property law firms in the United States. The firm represents a global clientele in matters relating to patents, trademarks, copyrights, trade secrets and unfair competition, including litigation, prosecution, licensing, IP acquisition and strategic portfolio counseling. While best known for their record of high-stakes litigation successes in the courts, at the US International Trade Commission and before the US Patent Trial and Appeal Board (PTAB), the firm also serves clients in: IP procurement; post-grant litigation; patent interferences; trademark oppositions and cancellations; IP/technology opinions and investigations; global portfolio management, development and licensing; M&A support; due diligence and clearance; design rights; and joint ventures.

IP Litigation (Trial & Appellate),
Post-Grant Practice,
ANDA/Biosimilar Practice,
Patent Prosecution,
IP Transactions,
Design Rights,

Main Areas of Practice:

IP Litigation (Trial & Appellate):
Since its founding, McAndrews has garnered a reputation as an exceptional IP law firm through its success in the courtroom. The firm’s trial attorneys have degrees in science and engineering from top academic institutions. McAndrews lawyers are masters of distilling complex technology concepts and effectively communicating those concepts to non-technical arbiters. McAndrews is known for trying cases efficiently and staffing leanly.
Some recent examples of success include:
■ A Supreme Court affirmance in Stryker v. Zimmer on the legal standard for enhancing damages in patent infringement cases – a case that McAndrews first won on a more than $70 million jury verdict involving medical device technology, as well as securing an injunction and treble damages
■ A 10-year limited exclusion order and cease-anddesist order granted by the US ITC and affirmed by the Federal Circuit for misappropriation of trade secrets relating to railway wheels
■ A complete defense victory in a patent infringement suit in which the plaintiff sought damages exceeding $1 billion

Patent Post-Grant:
Setting McAndrews above most firms in the nation, it has decades of trial experience at the PTAB representing clients in hundreds of patent interferences, inter partes reexaminations, and ex parte reexaminations. It is therefore no surprise that McAndrews has one of the most active PTAB dockets — on behalf of both petitioners and patent owners.

McAndrews counsels clients in matters arising at the interface between patent law, the FDA approval process, and litigation relating to Abbreviated New Drug Applications (ANDAs) and biosimilars. McAndrews’ patent lawyers represent clients in all aspects of ANDA/biosimilars patent law, including exclusivity strategies, patent validity and infringement analyses, and ANDA and biosimilar litigation.

Patent Prosecution:
McAndrews patent lawyers have garnered national recognition for their experience in obtaining patents for clients across a vast array of technologies – ranging from mechanical systems and pharmaceutical compounds to complex electrical systems and medical devices. McAndrews patent attorneys practice every aspect of patent prosecution, including: strategically developing and managing patent portfolios, domestically and internationally, executing patent mining and mapping, and conducting patent landscape.

IP Transactions:
McAndrews extensive experience in IP makes it a go-to law firm for high-stakes IP acquisitions, sales and licensing. Its lawyers advise on the full spectrum of IP transactions important to the value of the client’s IP, and have experience in matters ranging from a single patent license transaction to IP acquisitions/divestures in excess of $1 billion. Within this practice area, the firm assists clients with a wide range of specialized transactional services, including: due-diligence investigations, M&A support, government contracts, licensing, joint ventures and technology transfers and donations.

Design Rights:
McAndrews has long been considered a thought leader in US and international design law. The firm has been tapped to secure and enforce some of the world’s most iconic designs for some of the world’s largest companies, including in the furniture, medical devices, fashion and consumer electronics industries. McAndrews’ attorneys are often called upon to deliver creative design patent prosecution strategies for market preservation, design-around recommendations for entire product lines and innovative integration of design rights with trade dress and other IP protection.

Trademarks & Copyrights:
McAndrews’ trademark and copyright lawyers offer skilled management of large, small and single portfolios, including their branded products and services, and their technologies. Its lawyers regularly advise on the determination, adoption, use and protection of trademarks, domestically and internationally; counsel on acquisition of marks and names; litigate before the Trademark Trial and Appeal Board, in the courts and under the Uniform Domain Name Dispute Resolution Policy; and devise strategies for preventing gray-market goods.