! Key Marketing Messages FINAL as of November 11, 2013
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FIRMWIDE MESSAGES
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Ranked among the nation’s top intellectual property and technology firms, Chicago-based McAndrews, Held & Malloy is regarded as the IP firm of choice by our clients, and includes nearly 80 of the most skilled attorneys, patent agents and legal specialists in intellectual property and complex technology matters.
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Our attorneys have a unique blend of legal backgrounds and hands-on experience in one or more scientific or technical fields. Clients benefit from our attorneys’ understanding of the law, which is strengthened by credentials and multifaceted experience in a diverse array of scientific, engineering and technology-based professions.
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The educational and professional backgrounds of our attorneys and staff allow us to work effectively on intricate and complex IP matters. The McAndrews team fits in seamlessly with our clients’ legal teams as well as the technical professionals responsible for creating and developing our clients’ innovations and new technologies.
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We are distinctly differentiated from large general practice law firms because while IP is simply a practice area within such firms, it is our singular focus. As a result, our firm has far greater and deeper breadth of intellectual property experience than an IP department in a larger firm. Also, compared to the so-called intellectual property boutiques, McAndrews boasts a much larger array of practice areas, ranging from Hatch-Waxman litigation, reexaminations and biosimilars to design rights prosecution, technology transfers and donations, and inter partes review proceedings.
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At McAndrews, we pride ourselves on providing superior client service, attention to detail and sound strategic counsel. We consistently provide high quality deliverables and successful outcomes, making us trusted advisors to our clients.
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McAndrews provides services in all areas of intellectual property law. It is counsel of choice and business advisor to clients ranging from multinational corporations and Fortune 500 companies to startups and world-renowned universities.
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McAndrews, Held & Malloy attorneys go beyond protecting our clients’ legal interests. We invest the time and resources necessary to learn the intricacies of our clients’ businesses, and we stay abreast of any legal developments that impact them.
LITIGATION-SPECIFIC MESSAGES •
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From associate to senior partner, each of our attorneys is dedicated to our clients’ success. This has resulted in a reputation as one of the most well-recognized legal resources in intellectual property and technology-related litigation.
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McAndrews’ history of success has been built on an enviable record of litigation victories in jury trials, bench trials, International Trade Commission matters, USPTO and alternative dispute resolution proceedings, and related appeals both in the United States and abroad. These victories ensure the continued success and vitality of our clients’ businesses. Oftentimes, our litigation teams craft preliminary strategies that ensure our clients prevail without the expense and burden of a trial altogether. In each instance, the strategic legal and business
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considerations are tailored for each client and designed to position the client ahead of and above its competitors. McAndrews, Held & Malloy’s medical device specialists are among the most sought-after and respected patent litigation attorneys in the country. Possessing unmatched knowledge in areas ranging from drug-eluting stents and orthopedic implants to pulsed lavage irrigation systems and medical devices for hospital operating suites, our attorneys have successfully represented industry leaders in multi-million-dollar-patent disputes.
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The business insights gained through our litigation successes enable our attorneys to develop pragmatic strategies for growing and managing our clients’ intellectual property portfolios. This litigation experience is also evident in our approach to the procurement of international patents and trademarks, as well as the negotiating of profitable licensing opportunities. Our firm is recognized for its outstanding ability to simplify and communicate effectively complex IP and technology concepts in a manner that allows judges, juries, arbitrators and mediators to understand them and rule in favor of our clients.
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While our attorneys have successfully litigated and won multi-million dollar verdicts, they also provide day-to-day legal services, representation and ongoing counsel on matters of all sizes. We make our clients’ business goals our first priority: What’s important and necessary to our clients is important and necessary to us.
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With the recent enactment of the America Invents Act, McAndrews, Held & Malloy was one of the first IP firms to develop inter partes review strategies, and is fully equipped to handle the new post-grant review proceedings at the USPTO.
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Our clients value the symbiosis between our deep experience with USPTO practices and proceedings, and our ability to successfully navigate the legal system in the United States. With extensive experience in portfolio management and strategic outcomes in legal proceedings, we work closely with our clients and colleagues in overseas markets to best represent clients’ interests in a variety of non-U.S. jurisdictions.
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The same degree of intensity and focus that we apply to our clients’ litigation needs can also be found in our transactional work. From negotiating international licensing agreements to providing superior merger and acquisition support, we work with our clients to effectively plan, execute and bring value to those business transactions in which we are involved.
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Given our ability to represent aggressively and effectively “both sides of the v,” we are often called upon to protect or defend our clients' intellectual property rights through litigation and pretrial motions. However, we also serve as strategic counselors to our clients in the areas of:
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Patent Prosecution
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Reexaminations Reissues o Ex parte Appeals o Reexamination Appeals o Supplemental Examination European Patent Office Oppositions Patent Interferences o Inter Partes Review Proceedings Post-Grant Review Proceedings o Covered Business Method Review Proceedings o Derivation Proceedings
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Portfolio Management Due Diligence o M&A Support Export Control Government Contracts Licensing o Joint Ventures Opinions and Investigations Patent Mining and Mapping o Technology Transfers and Donations o Clearance o Acquisition o Trademark Prosecution o Trademark Trial and Appeal Board Litigation o Domain Name Litigation and UDRPs o Design Rights Prosecution o Trade Dress o Infringement and Validity Assessments o Design-Around Suggestions o Copyrights Prosecution o Licensing and Transfer Agreements o Graphic Designs and Industrial Designs
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Our experience with technologies, ranging from mechanical systems and chemical compounds to complex electrical systems and medical devices, also translates into the development of superior IP portfolios for clients. Such work often leads to helping our clients better capitalize on their own business objectives, which, in many cases, has led to new opportunities for revenue growth.
RESULTS DELIVERED
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McAndrews, Held & Malloy delivers exceptional results for our clients by bringing the same amount of care, precision, diligence, passion and professionalism to every matter handled by our attorneys.
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Some of the results we have delivered on behalf of our clients include (listed in chronological order): o o o
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A 2013 jury verdict of more than $70 million in a patent infringement suit involving medical devices, as well as an injunction and treble damages following post-trial motions; A 2012 jury verdict of non-infringement, patent invalidity and non-misappropriation of trade secrets in a medical device patent case; A 10-year limited exclusion order and cease-and-desist order granted by the ITC for misappropriation of trade secrets relating to railway parts;
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A complete defense victory in a patent infringement suit in which the plaintiff sought damages exceeding $1 billion; and
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A $166 million patent damages award – listed as one of the largest intellectual property damage awards at the time.
According to one client, the McAndrews, Held & Malloy team of outstanding attorneys consistently “out-researched, out-briefed and out-argued the other side, which had three or four times as many lawyers committed full-time to the case.”
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Our preparation process begins long before we set foot in the courtroom. Our thorough exploration of all aspects of our clients’ cases ensures a deep understanding of the issues involved. Our depth and breadth of preparation led one U.S. District Court Judge to state that !3
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“I've tried hundreds, maybe thousands, of cases in my life and can honestly say I've never tried a case better prepared or better presented than this case.” •
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The victories we have achieved on behalf of our clients result from our effective communication skills, deep experience and training in engineering and science, and strong command of winning strategies – both inside and outside the courtroom. We are dedicated to achieving the best possible outcome for our clients.
AT McANDREWS, WE WIN •
At McAndrews, winning results are not just incidental to our work, they are the objective of our work as a leading law firm in the intellectual property arena.
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Regardless of the venue, case or matter, our attorneys and paralegals craft strategies and approaches to case law that ensure judges, arbitrators, mediators and others understand we won’t settle for anything less than absolute success.
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While not all of our cases reach trial, we have experienced trial attorneys that are exceptionally able to bring a matter to a successful conclusion.
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Our extensive experience in managing USPTO matters, patent portfolios and IP/tech transactional work virtually guarantees that our outcomes on behalf of clients exceed those achieved by other firms.
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For a McAndrews attorney, it’s not about a $70 million verdict, a 10-year limited exclusion order or $166 million in patent damages. For a McAndrews attorney, it’s about winning!
CAREER OPPORTUNITIES FOR PARTNERS & ASSOCIATES •
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McAndrews, Held & Malloy is an ideal environment for talented IP and tech-savvy attorneys. Our size and breadth of knowledge combined with our competitive rates make McAndrews the ideal firm to foster and grow business.
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Our team-oriented atmosphere has enabled our attorneys to develop successful practices in an environment they find rewarding and intellectually challenging throughout their careers. Our commitment to independence offers attorneys an opportunity to join a team with solid potential for long-term stability and growth.
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Our associates serve as integral members of every client team. They help to build and execute the strategies we design to achieve clients’ goals, and gain hands-on experience and exposure to the issues involved. We believe this team approach further provides associates with the opportunity to take on challenging and rewarding work early in their careers, and it offers a more rewarding career path than may be found in general practice.
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New associates regularly work side-by-side with partners and more senior associates, facilitating both hands-on learning and mentoring. The firm is committed to challenging associates and providing them with tangible experiences that sharpen their skills and decision-making abilities.
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Our recruiting efforts are designed to achieve one goal – to attract the most exceptional intellectual property and technology-focused attorneys the legal profession has to offer.
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We offer our attorneys essential CLE opportunities on a weekly basis in an efficient, effective and collegial atmosphere. McAndrews also hosts an annual IP Symposium, which each year brings together IP leaders from businesses in the U.S. and abroad. It features significant updates and practical information for attorneys, patent agents and other legal specialists who need to stay current on U.S. and global IP and technology law. !4
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CULTURE
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McAndrews, Held & Malloy’s growth has resulted from providing exceptional results for our clients, who, in turn, have referred us into new client opportunities that are consistent with our operating principles and firm culture.
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As we celebrate our 25th anniversary, we remain committed to success through long-term stability and independence, which are competitive advantages we proudly offer both our clients and our attorneys.
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McAndrews, Held & Malloy views pro bono work as not only a professional responsibility of any successful firm, but also a rewarding and beneficial aspect of each attorney’s career.
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Our firm’s attorneys serve in leadership positions with diversity-focused organizations and bar associations, including the Arab American Bar Association, the Asian American Bar Association, the Hispanic Lawyers Association of Illinois, the Indian American Bar Association and the Coalition of Women’s Initiatives in Law Firms, among others. Each year, McAndrews, Held & Malloy offers a “Diversity in Patent Law Fellowship,” which includes a paid summer clerkship to a qualified first-year student of an ABA-accredited law school. The chosen individual must possess a diverse background, a degree in science or engineering, and a commitment to pursuing a patent law career in Chicago. The Diversity Fellow gains experience in a wide range of IP and technology matters, and is mentored by a member of the firm’s Diversity Committee.
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HONORS, KUDOS, RAVE REVIEWS
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McAndrews, Held & Malloy is honored to be consistently recognized in the legal profession as a leader for the multi-million dollar cases we handle. We consistently are recognized for winning in high-stakes disputes.
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U.S. News & World Report and Chambers USA have recognized McAndrews as a leading intellectual property law firm in the United States, showcasing our unwavering commitment to providing the highest levels of service and attention to detail.
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For three consecutive years, we have been named by Intellectual Asset Management magazine, in partnership with Ocean Tomo Patent Ratings, as one of the intellectual property law firms in America that secures the highest-quality patents for our clients. Our attorneys are annually recognized and recommended for prestigious rankings and listings such as “IAM 1000: The World’s Leading Patent Practitioners,” “Leading Lawyers,” “Super Lawyers,” “Top Patent Prosecutors” and “40 Illinois Attorneys Under Forty To Watch.”
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In 2010, we were featured in the Chicago Tribune’s “Top Workplaces” listing. McAndrews is also one of only three IP firms in the country included in Kimm Alayne Walton’s book, “America’s Greatest Places to Work with a Law Degree.”
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Our attorneys are respected and well-known thought leaders within the legal industry. They are frequently called upon by top-tier members of the media to comment on landmark cases and their resulting business implications. They are also invited to speak on a wide variety of topics before legal and IP-related associations and audiences.
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