Patent Counseling

RMMS strives to offer unparalleled knowledge of the industry and technologies at issue during each stage of the development and commercialization process. We provide a full range of counseling services to clients, beginning as early as the product selection stage and continuing through product launch.

RMMS attorneys and technical advisors have considerable patent counseling experience and regularly assist clients with searching for, reviewing, and evaluating any patents purporting to cover a referenced drug or product; conducting any necessary prior art searches; and, if necessary, preparing freedom to operate (FTO) opinions. Our attorneys also routinely prepare pre-litigation patent evaluations and defenses, together with opinions of counsel and paragraph IV notice letters under the Hatch-Waxman Act. We also apply our vast technical expertise to evaluate relevant patent portfolios to develop novel yet scientifically defensible legal and factual bases of invalidity, unenforceability, and non-infringement in anticipation of providing the necessary patent notice and disclosures required under the Biologics Price Competition and Innovation Act (BPCIA)​.

RMMS attorneys also have experience evaluating proprietary information relating to our clients' own manufacturing processes or product; identifying patentable subject matter and/or improvements to increase our clients' intellectual property portfolios; and researching and evaluating similar and competing patents.