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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

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Melody Wu

Of Counsel

Washington +1 202 662 6000

  • About
  • Representative Matters
  • Credentials
  • About

    Melody Wu leads the firm’s practice in patent portfolio counseling. She provides IP life cycle advice that is responsive to business needs and integrated with corporate, regulatory, and other legal strategy.

    Working with established and early-stage companies as well as industry groups, Melody advises on:

    • worldwide patent portfolio strategy, including when, where, and what to file;
    • invention capture, and deciding between patent and trade secret protection;
    • resolution of disputes arising under joint research agreements;
    • correction of patent issues before and after grant;
    • validity, enforceability, freedom to operate, and risk mitigation with respect to third-party IP;
    • policy issues affecting the patent system; and
    • procedures and best practices for intellectual property protection.

    Melody is a frequent consultant on IP risks and solutions for a number of other practice groups within the firm, in contexts such as mergers and acquisitions, investments, pre-litigation case assessment, and contentious proceedings including litigation and opposition.

    Melody holds degrees from Harvard University and the Duke University School of Law and has experience with technical subject matter including viral vector and mRNA-based vaccines, recombinant fusion proteins, small molecule pharmaceuticals, point-of-care diagnostics, biofuels, lumber treatment and preservation, imaging and optical devices, and hypersonic engine technology. She is a registered U.S. patent attorney.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Advised on patent strategy for several major pharmaceutical products and candidates in coordination with regulatory strategy in the U.S., Europe, Japan, Australia, China, Canada, Brazil, India, Korea, Mexico, Eurasia, and other jurisdictions.
    • Developed a comprehensive IP policy and manual to assist a multinational company in identifying and protecting patents, trade secrets, trademarks, and copyrighted works generated by employees around the world.
    • Evaluated patent families, license agreements, foreign asset transfers, restrictions under the Bayh-Dole statute, and other IP and IP-adjacent issues in connection with acquisition of technologies for prophylaxis and treatment of coronavirus infection and other diseases.
    • Advised pharmaceutical companies on benefits and drawbacks of supplemental exam, reissue, and ex parte reexamination as options for strengthening patents in advance of a third-party challenge.
    • Developed the strategy resulting in accelerated grant of four new patents eligible for Orange Book listing, days prior to the conclusion of inter partes review proceedings against already-listed patents.

    • Developed and implemented the reissue strategy for a patent protecting a Phase III pharmaceutical candidate. The patent was reissued with all original claims confirmed and all requested additional claims granted.
    • Advised numerous companies on the correction of complex problems in inventor assignments and chain of title, especially in the context of acquisitions and investments.
    • Advised on patent term adjustment and term extension regimes in the United States and Europe in connection with Transatlantic Trade and Investment Partnership negotiations.

    Areas of Expertise

  • Credentials
    Education
    • Duke University School of Law, J.D., 2002
    • Harvard University, A.B., 1998
        • with honors in Biology
    Bar Admissions
    • District of Columbia
    • U.S. Patent and Trademark Office
    Languages
    • Mandarin
    • Taiwanese
    • French
    Pro Bono
    • Advising on the incorporation of a not-for-profit organization for funding carbon sequestration projects.
    • Advising Mana Nutrition on issues concerning ready-to-use therapeutic food for treating malnutrition in children.

    Areas of Expertise

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