The emergence of technology as an important value driver in today’s economy has brought forth an explosion of complex commercial transactions involving intellectual property. Fitch Even has the expertise to support intellectual property and technology transfers in myriad commercial settings. Our deep understanding of patents, trademarks, and copyrights—and the procedures for obtaining and enforcing these assets—permits us to approach each transaction with unique insights regarding the scope and value of the asset involved and the benefits and potential pitfalls of various transaction structures.
Securing Intellectual Assets
We ensure all patents, trademarks, and copyrights are fully secured as part of the deal terms, with full protection of trade secrets. By working closely with your business leaders, bringing creative ideas and negotiating experience to the table and identifying and resolving issues before disputes arise, our lawyers help you identify, structure, and close IP-focused transactions that support and drive your business objectives.
Litigation Support for Licensing Initiatives
Backed by the firm’s litigation practice, Fitch Even is uniquely qualified to help organizations develop and execute broad-based patent licensing initiatives in response to ongoing patent infringements. We handle such matters under both traditional and contingent fee structures. Our lawyers are proficient in the strategic use of litigation to drive licensing efforts, achieving favorable results for clients in a variety of licensing campaigns.
Staying Ahead in IP Transaction Trends
With new deal structures, financing arrangements, and approaches such as IP auctions gaining in acceptance, our lawyers stay current and engaged with the ever-evolving changes in the marketplace for IP transactions. For organizations wishing to sell underutilized IP assets, Fitch Even is an attractive alternative to traditional IP brokers because our patent analysis and enforcement capabilities can better position the portfolio for sale and also drive higher valuations in discussions with potential buyers.
Case Studies
Client: Cytomedix, a leading commercial developer of regenerative therapies derived from and delivered to the same patient
Problem: Cytomedix’s bankruptcy reorganization plan called for generating significant revenue from licensing a pioneering patent covering its “platelet-gel therapy” wound-healing technology. Several industry participants were using the technology, but the company’s efforts to secure licenses had stalled. Cytomedix’s intellectual property was not being respected, but it lacked the funding and expertise to effectively pursue several patent infringement lawsuits that had been filed in response to widespread infringements by its competitors.
Solution: Fitch Even stepped in to assist as patent litigation and licensing counsel under an alternative contingent fee arrangement that fit Cytomedix’s corporate financial structure. Our litigation team implemented a strategy for aggressively pursuing eight pending lawsuits by advancing key enabling events that had the potential to break the licensing stalemate. Successive litigation wins in three federal courts on key issues of patent claim interpretation effectively eliminated remaining challenges to the scope of the patent. Fitch Even then conducted a successful jury trial to defend a challenge to the patent’s validity, with the challenger ultimately agreeing to license the technology at Cytomedix’s established royalty rates. Several other significant license agreements then followed.
Result: Cytomedix demonstrated its willingness to defend its IP and to share it with the industry to address a critical clinical need in the wound care market. Fitch Even’s combined litigation and transactional capabilities helped secure licenses with major healthcare organizations such as Biomet, Smith & Nephew, Medtronic, COBE Cardiovascular, DePuy Spine, and Johnson & Johnson. Our client achieved the licensing milestones of its business plan to fund its growth and the clinical trials needed to gain FDA approval of its novel wound care treatment.
