Patents and the Expectation of Success Doctrine

Mr. Wheelock’s practice includes the preparation and prosecution of patent and trademark applications and drafting intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Mr. Wheelock prepares and prosecutes U.S. and foreign patent applications for mechanical and electromechanical devices, manufacturing machinery and processes, and metal alloys for clients in the medical device, consumer products, and agrifood tech industries, among others. He also does a substantial amount of patentability searching, trademark availability searching, and patent and trademark infringement studies.

Dr. Pereira, Ph.D., leverages his extensive background in science and law to deliver strategic patent portfolio management, client counseling, and litigation services. Specializing in technologies such as chemical technologies, metallurgy, solar, bioinformatics, semiconductors, OLEDs, solid-state batteries, medical diagnostics, AI and computer-related technologies, pharmaceuticals, and biotechnology, he adeptly navigates the complexities of patent prosecution, IP litigation, and patent interferences for his clients. As a partner at Merchant & Gould's Washington D.C. Area office, Dr. Pereira focuses on delivering comprehensive intellectual property services to innovators. He helps them navigate the legal landscape to protect their inventions and maximize the value of their IP assets. Dr. Pereira is adept at handling intellectual property asset acquisitions, offering thorough risk assessment and due diligence to secure his client's future growth and success. He has a strong background in proceedings before the Patent Trial and Appeal Board (PTAB), district court patent litigations, and appeals at the Federal Circuit. Dr. Pereira's proactive approach to pre-litigation counseling and litigation avoidance is highly valued by clients seeking to navigate the complex landscape of intellectual property law.

Mr. Gosse helps clients protect their intellectual property rights through litigation, working on all phases of litigation matters, ranging from due diligence investigations through trial and post-trial motions. In district court litigation, he has substantial pre-trial and trial experience, including multiple jury trials relating to patent infringement, validity, and breach of license. Mr. Gosse has argued claim construction and motions for summary judgment and has deposed numerous fact and expert witnesses. In addition, he helps clients procure broad IP protection at the U.S. Patent and Trademark Office, beginning with patent drafting and prosecution and extending to post-issuance reexamination and AIA proceedings as appropriate. He has successfully argued on appeal to the PTAB and has successfully defended patent owners against inter partes review and covered business method petitions at both the preliminary response stage and after institution of trial.