Our Practice
Strategic Corporate Counseling Practice

At Oblon, Spivak, strategic counseling begins with an in-depth assessment of the competitive landscape. We follow this with a review of the client's IP portfolio to assess its strengths and weaknesses and, where appropriate, reviews of its competitors' portfolios. Throughout this process, we bring to bear the wide-ranging legal, scientific and technical proficiency of our professional staff, which includes experts in all technical fields - biotechnology, electronics, semiconductors, nanotechnology, software, mechanical engineering and others - as well as experts in trademarks, copyrights and trade secrets. This enables us to assemble client-focused teams with the technical and industry skills necessary to develop a complete IP plan that will maximize protection of the client's products or services.

Our strategic counseling services extend to the regulatory sphere. We evaluate the regulatory procedures that are available to extend the time of protection for a product, with the goal of enabling clients to capitalize on regulatory opportunities and to take advantage of the regulatory-IP interface.

These opportunities are particularly prevalent in the pharmaceutical field, due to regulations of the U.S. Food and Drug Administration and to the provisions of the Hatch-Waxman Act. The legal framework provides many opportunities for companies to effectively extend the period of their market exclusivity for active drug substances. Oblon, Spivak is adept at developing strategies for regulatory success because of our in-depth understanding of the intricacies of the field. Further, we have a firm grasp on the potential antitrust issues that may be raised through the Federal Trade Commission, private and state antitrust actions, and by those familiar with the technology.

It takes a skilled team to provide a strategy that maximizes product life while navigating the competing regulatory and statutory provisions governing the field. By drawing upon the talents of our diverse roster of professionals and by assembling teams whose talents are tailored to our clients' needs, we have achieved unparalleled success in guiding clients through this field.