Marshall, Gerstein & Borun

Marshall, Gerstein & Borun LLP focuses exclusively on IP law. Since its inception in 1955, the firm has worked to secure, enforce, defend and transfer IP rights, and devise strategies to minimise risks of third-party assertions against clients. The advanced scientific and technical education and experiences of our attorneys provide them with a unique understanding of the nuances of IP law, science and business, and our commitment to high-value client service is a firmwide expectation. As a result, we understand the hard science behind our clients’ innovations and we work hand in hand with the client to deliver efficient, creative solutions, allowing the client to focus on its business and to succeed in the marketplace.

Number of attorneys
Marshall, Gerstein & Borun LLP has a team of 44 partners, 27 associates and special counsel, 10 patent agents and three technical specialists dedicated to our clients’ IP needs. This group includes 16 patent litigators.

Nearly half of our professionals have been in-house as general counsel, patent counsel, technology transfer managers, scientists, engineers and consultants. In addition:

• More than 90% of our attorneys and technical specialists are admitted to practise before the US Patent & Trademark Office.
• More than 90% of our attorneys have science and engineering degrees.
• More than 80% of our agents and technical specialists have a PhD or other advanced technical degrees.

This depth of technical knowledge, legal acumen and business experience is our strength in the IP niche.

Notable cases
The attorneys enjoy unparalleled technical knowledge and experience pivotal to the protection of some of the biggest-selling drugs in the world. For example, they have prosecuted and/or successfully litigated patents covering multibillion-dollar products such as erythropoietin (Epogen^®), GCSF (Neupogen^®), tadalafil (Cialis^®), loratadine (Claritin^®) and omeprazole (Prilosec^®).

Marshall, Gerstein & Borun is known as both a pioneer and a world leader in the areas of nano and biotechnology. Its trial lawyers have been successful in some of the largest and most significant patent cases, such as the recent Amgen Inc v F Hoffmann-LaRoche Ltd case, and the Amgen v Chugai Pharmaceuticals case, in which the firm successfully persuaded the Federal Circuit for the first time to extend patent protection to an isolated DNA sequence.

What our clients say about us
Clients choose the firm for their most visible, high-stakes IP cases, to minimise the risk of IP assertions and to provide solid defences that stand the test of time:

• Chambers & Partners ranked Marshall, Gerstein & Borun as an “IP boutique best recognized for patent, trademark and copyright protection and litigation”. The firm has “one of the best biotechnology practices in the entire country”.
• U.S. News & World Report and Best Lawyers rank Marshall, Gerstein & Borun as a first-tier “Best Law Firm” in IP law in 2010.
• Marshall, Gerstein & Borun ranks among the world’s leading IP practices for patents, biotechnology and trademarks, according to Managing IP’s World IP Survey, 2010- 2011.

Work areas
Marshall, Gerstein & Borun practises in the following areas:

• Copyrights
• Design patents
• IP litigation
• IP transactions
• Patent interferences and opposition
• Patent prosecution
• Trade secrets
• Trademarks

Clients come from a broad array of industries, including:

• Aerospace
• Biotechnology
• Chemical sciences
• Clean tech and renewables
• Consumer products
• Electrical and software engineering
• Internet and cyberlaw
• Material science
• Mechanical engineering
• Medical devices
• Nanotechnology
• Non-profit technology transfer
• Pharmaceutical