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Strategies for Resolving Patent Disputes Over Nanoparticle Drug Delivery Systems
Volume 1, Issue 4

Drew Harris, Nanotechnology Law & Business
Kirk Hermann, Nanotechnology Law & Business
Raj Bawa, Bawa Biotechnology
Janell Taylor Cleveland, Needle & Rosenberg
Sean O'Neill, Stetina, Brunda, Garred & Brucker

Some of the earliest products commercializing nanotechnology could be drug delivery systems. Nanoparticle-based delivery systems would allow faster drug absorption into the human body and would have other unique properties minimizing side-effects. As companies seek to bring new therapies to market, there are certain to be a number of disputes over potentially overlapping patents. In this article, IP lawyer Drew Harris and his colleagues explore the major issues faced by a nanobiotech company as it deals with cross-infringing patents. Specifically, they cover the legal tactics available to companies dealing with patent disputes at the different stages of competition, including: (1) patenting strategies to obtain broad, enforceable patent coverage that preempts the field; (2) patent interference practice to attack a competitor’s patent application; (3) patent re-examination, a procedure for challenging a competitor’s issued patent; (4) cross licensing of patents to co-exist with a competitor; and (5) patent infringement litigation. While this article is tailored towards nanoparticle drug delivery systems, these strategies may also be used to resolve other nanotechnology patent disputes.

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