Articles/Podcasts/Videos

5 Takeaways from the U.S. Supreme Court Decision in Amgen v. Sanofi

The U.S. Supreme Court’s unanimous decision in Amgen Inc. v. Sanofi likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies that perform a specified function. This case will have a long-lasting impact on how thoughtful legal practitioners prepare new patent applications, carry out necessary FTO clearance work, and structure their invalidity arguments before U.S. courts, explain IP Partner and Life Sciences group leader Jeff Morton and IP Litigation Partners Robert Sloss and Jeremy Edwards.

What to Know About the Unified Patent Court and Unitary Patent

In a significant development for life sciences companies with global ambitions, on June 1 EU member countries begin participating in a Unified Patent Court and a Unitary Patent. What does this unprecedented new approach to handling infringement cases and revocation proceedings mean? Listen to our latest podcast featuring Procopio IP Partner Miku Mehta of Silicon Valley with Peter Rigling of Switzerland and Andreas Vogel of Germany.

Lessons for California Employers from the Litigation Frontlines

Wage & hour claims, disability accommodation & interactive process issues, pay transparency, and retaliation/whistleblower claims are among the topics addressed by Employment Law attorneys Marie Burke Kenny and Clint Engleson in this recent webinar recording.

News

Procopio Named a Top AmLaw 200 Law Firm for Diversity

Procopio once again was recognized by American Lawyer magazine in its 2023 Diversity Scorecard, ranking #6 among 226 U.S. law firms that completed the AmLaw 200 annual submission. This accomplishment is just the latest external recognition of the firm’s dedication to diversity, equity and inclusion. For the second straight year, Procopio was recognized in 2022 by Diversity Lab as a Mansfield Rule Plus firm, its highest ranking, and was #7 in the 2022 Law360 Diversity Snapshot among all U.S. firms with 101-250 attorneys.

Procopio has long focused its efforts on improving diversity, equity and inclusion. It was first recognized as a top diversity firm by American Lawyer in 2017, the same year the firm was named to Law360’s Diversity Snapshot list. Procopio was first recognized as a Mansfield Rule firm in 2020, the same year it won a diversity award from the San Diego Business Journal.

Procopio’s commitment extends beyond the firm to the broader legal community. For the third straight year, Procopio is welcoming summer interns through its diversity scholarship and internship programs with two San Diego law schools. The firm has participated in the San Diego County Bar Association diversity internship program from its inception, and also brings in interns from the Diverse Attorney Pipeline Program (DAPP). The firm also sponsors numerous diversity bar associations, with many Procopio attorneys holding leadership positions in those organizations.

Our Construction Practice Again Earns Key Recognitions, including Chambers and Partners

Procopio’s Construction Law practice has for the eighth straight year been recognized as a top practice in California by Chambers and Partners®, an independent research company delivering detailed rankings and insight into the world’s leading lawyers. Partners Craig Ramseyer and Mary Salamone have also been singled out for Chambers individual recognition as top attorneys in their field, a distinction both have earned for several years running. Chambers recognition results from a rigorous research process involving analysis of litigation and related matters and interviews with clients and competitors. 

In addition, for the third straight year the Construction practice has been recognized by Construction Executive magazine in its annual Top 50 Construction Law Firms™ list. To determine the ranking, CE surveyed hundreds of U.S. law firms with a construction practice, assessing revenues, number of attorneys, percentage of overall firm revenue related to its construction practice, states in which it is licensed to practice, the year the practice was established, and the number of clients served.

Xiaofan “Frank” Yang, PhD, Elected to Management Committee

Life Sciences IP Partner Xiaofan “Frank” Yang, PhD, has been elected by the partnership to join Procopio's Management Committee. Frank provides comprehensive IP strategic counseling to public and private biotechnology, pharmaceutical, digital health and medical device companies. He is also experienced in conducting due diligence in complex venture financings, public offerings, partnering/licensing transactions, and mergers and acquisitions. He has a global client base, including companies and investors in U.S., Europe, and Asia. After obtaining his B.S. in polymer chemistry and PhD in organic synthesis, Frank worked as a medicinal chemist in the pharmaceutical industry before becoming a patent practitioner.

Miku Mehta New Leader of Intellectual Property Team

Silicon Valley Patent Prosecution Partner Miku Mehta has assumed the leadership of Procopio’s Intellectual Property team. Comprising nearly 40 attorneys in multiple offices in California and Washington, D.C., the firm’s IP team provides clients from around the globe with patent, trademark, copyright, trade secret, export control, and licensing and technology transactions legal support. Miku advises clients in the U.S. and Asia on intellectual property, patent prosecution and counseling, as well as trademarks and copyrights, and leads Procopio’s Asia Pacific practice. He takes the reins from Partner Noel Gillespie, who continues to advise startups and emerging growth clients on strategic patent portfolio development and implementation. 

Events

U.S. High-Tech Patent Prosecution Year in Review | webinar | 11:00 am PT

Medical technology innovators will learn the latest in high-tech U.S. patent prosecution in a complimentary webinar featuring Silicon Valley IP Partners Miku Mehta and Ernest Huang, part of the Berkeley Center for Law & Technology (BCLT) IP + Tech Month.

How Companies Should Navigate Increasing Privacy and Cybersecurity Complexity | Procopio's Del Mar Heights office | 5:00 pm PT

Procopio Privacy and Cybersecurity group leader Elaine Harwell addresses the practical approach companies can take to meet their regulatory privacy obligations, protect themselves from challenging litigation, and develop a flexible privacy program.

18th Annual Procopio International Tax Institute a Big Success

For nearly two decades Procopio has hosted a signature conference, the Procopio International Tax Institute. The recent 18th annual edition May 24-26 in San Diego, California was a success by any measure, with more than 270 world-class international tax advisors, academics, practitioners and government officials engaged in high-level discussions of the latest developments in international tax law. This year’s conference boasted a lineup of experts from the U.S. Treasury and the Internal Revenue Service, as well as their counterparts from Secretaría de Hacienda y Crédito Público and SAT, responsible for cross-border accountability operations.

Learn more about Procopio's International Tax practice.

Client News

California Investment Firm Client Adds to Real Estate Portfolio

Client and multi-family investment firm Davlyn Investments has acquired yet another multi-family community development in Nevada, its third. Davlyn paid $67 million to purchase the “Spectrum,” a 252-unit, luxury, multi-family community in Las Vegas. Davlyn is a San Diego-based owner/operator of apartment communities throughout California, Arizona and Nevada, and is headed by Jon Williams and Paul Kerr. Procopio Real Estate Partner Amy Cannon represented Davlyn in the purchase of the property. Corporate Law Partner Dennis Doucette and Associate Caitlin Murphey managed the offering documents, and Partner Michael Changaris also assisted with the transaction.

Social Media

Please welcome our newest corporate attorney, Michael Tiab. Michael counsels private and public companies in a wide range of corporate and securities matters, including public offerings, private financings, SEC reporting and compliance, governance matters, and M&A.

Kudos to Rick Barton on his appointment to a leadership position in the American Health Law Association! As of July 1 Rick will begin a two-year term as AHLA's Vice Chair - Education of the Medical Staff, Credentialing, and Peer Review Practice Group. AHLA is the nation’s largest, nonpartisan, 501(c)(3) educational organization devoted to legal issues in the health care field.

"The jury’s still out" on AI and its potential impact on life sciences employment, IP Partner and Life Sciences sector leader Jeff Morton told Natalia Mesa of BioSpace. Data analytics may become more automated, Jeff said, but companies still need complex, creative research to prove drugs or treatments work for patients, “and I think that will still rely on humans.” “Most people I’m talking to on a day-to-day basis in biotech" are scientists and executives, he said, who likely will enjoy more job security as biopharma continues to integrate AI.

It was an honor to sponsor the Naturally San Diego Pitch Fest last week at San Diego's Liberty Station. Six emerging local consumer-packaged goods (CPG) companies told their stories on stage, including our client Wendy Pickett, co-founder of RationAle Brewing, and 35 brands applied to pitch while showcasing their products. Our Food & Beverage sector leader Jason Femrite, who serves on the Naturally San Diego board, was on hand, joined by Sports & Active Lifestyle sector co-leader Neil A. Salyards.

Once again we were honored to support San Diego's startup community through sponsoring the latest MetroConnect program by World Trade Center San Diego. We're proud of our client NanoPharmaSolutions, Inc., represented by Michael Kinkelaar, for its status as a semifinalist in this competition to secure support in export efforts, and congratulate winner Access Trax.

As a proud sponsor of Risk Management Association of Orange County Chapter, we're looking forward to their signature networking event June 7 on The Winery's beautiful outdoor patio in Tustin. The ABC Mixer is a chance for attorneys, bankers and CPAs to catch up with old colleagues and make new connections. Say hi to our real estate finance Senior Counsel Steve Casselberry while you're there!

We loved hosting Washington, D.C.'s best and brightest at our DC office open house. Managing Partner John Alessio, International Tax group leader Pedro E. Corona de la Fuente and other Procopio attorneys welcomed the Ambassador of Mexico to the U.S. Esteban Moctezuma Barragán and other compelling individuals in our nation's capital.

Partners Enrique Hernandez-Pulido and Mindy Morton and Senior Counsel Merrick Wadsworth represented Procopio at this year's Meritas Annual Meeting held in Chicago. Meritas Law Firms Worldwide is a Chambers-recognized global alliance of 183 independent law firms in 92 countries. We are the official Meritas law firm for San Diego and Silicon Valley.

What an engaging discussion May 9 at our sponsored Biocom California discussion "Designing the Deal: Collaboration, Partnerships, Acquisition - Are You Ready?" Held at San Diego's La Joya Kitchen in the heart of the county's life sciences region, IP Partner and Life Sciences sector leader Jeff Morton was joined by Carol Gallagher of New Enterprise Associates, Niall O'Donnell of RiverVest Venture Partners, Aaron Parker, Ph.D. of Bristol Myers Squibb, and Robin Silva of Xencor. Through case studies and experience, these investor and IP experts discussed the importance of a strong patent portfolio and keys to a winning deal. Others present were Procopio IP Partner and Biocom board member Bob Ramos, IP Litigation leader Chris Jaczko, IP Partner Xiaofan "Frank" Yang and Corporate IP Partner Bill Eigner.

It was an engaging discussion on AI last week when our Privacy & Cybersecurity leader Elaine Harwell moderated an IP Counsel Café panel in Palo Alto titled "Data and AI Risk: Acquiring, Protecting and Monetizing Your Data." They discussed how the quantity and value of data are increasing, yet many questions remain unanswered including ethical collection and use, privacy laws, and copyright, while no best practices have been established for handling data. Elaine's panelists included Michael Cole of Mercedez-Benz, Steve Gong of Google, Helen Li of Intel, Chris Lubeck of Luminar, and James Pinyerd of SRI International.

Corporate attorneys Shai Larkin and Jeremy Burke, Esq. led an engaging discussion with sports industry entrepreneurs recently in a mentoring event sponsored by San Diego Sport Innovators (SDSI). Also present was our Sports & Active Lifestyle sector co-leader Neil Salyards. M&A practice co-leader Jason Femrite serves on the SDSI board, which is chaired by the legendary Bill Walton.

Ever busy representing clients in major development projects, Tara Narayanan recently participated in a groundbreaking for a new 100% affordable housing development in Ashland, California. Madrone Terrace will create 79 new rental homes for low-income families with 20 apartments dedicated to households transitioning out of homelessness. The ground floor of the development will feature a day care and community space. 

Let's Work Together.