Science & Technology Law

James, McElroy & Diehl has substantial experience with transactions that involve the sale or licensing of technology or the contribution of technology and intellectual property to joint venture arrangements. Such transactions are delicate and require attention to unique challenges that a deal involving intangible rights will present. Clients must negotiate and document not only provisions reflecting the intended operation of the relationship but also provisions that address or restrict the retention and use by one party or another of know-how, trade secrets, proprietary processes, formulae or “carved off” rights outside the relationship. The parties must also include provisions dealing with the various manners in which the relationship may terminate and must address the use of intangible property that one or another party has disclosed or that has been jointly developed after the relationship is over (but the know-how has been shared).

Attorneys at James McElroy and Diehl are experienced in counseling and representing clients in such transactions. One attorney is co-author of a book on the subject of dealing with intellectual property in commercial transactions, and another has taught university level classes on the subject of law and technology.

The Firm has also developed unique experience in some particular areas involving other applications of science and technology. We have handled matters relating to pharmaceutical drug development testing and licensing; meteorological forecasting; silicon crystal growth and wafering; proprietary chemical engineering processes; embryology services; development and licensing of in vitro fertilization protocols and techniques; extraction and assay of genetic material from very small samples; and other applications of scientific research. We understand the scientific method and the means by which research is evaluated; we also understand the legal principles that govern the products of research as well as the usual contractual provisions by which research undertaken in commercial environments and in academic environments are governed.

James, McElroy & Diehl also has substantial expertise with regard to computer and information technology.

Occasionally, scientific work or technology becomes the subject of disputes. We handle those as well. Many of our engagements have involved contractual issues arising from research in university or industrial environments. We have also assisted in resolving problems with a University protocol review committee, helped modify testing protocols when feasibility problems arose and represented individuals with regard to a proposed indictment for improperly conducting or falsely reporting stability testing with regard to pharmaceutical products.

Our attorneys enjoy work that involves science and law, and we handle it well.