Carl Massey Jr
Biotech and Mechanical Patent Law - Over 20 Years Experience
After training initially with one of the top biotech patent groups in the U.S. and practicing in large general practice firms for over 20 years, Carl has the experience to meet the intellectual property needs of startups, mid-size R&D companies, large biotherapeutic and pharmaceutical companies, and top tier, research-intensive universities. He enjoys doing single-project work, as well as comprehensive counseling and portfolio development for startups and growing companies.
Carl counsels scientific founders on initial protection strategies for their platform technology (timing, scope of disclosure, landscape analysis, ownership issues), develops licensing programs for biotechnology, and evaluates lifecycle management programs for marketed human therapeutics. He also has evaluated patent and patent litigation issues involving biotechnology, pharmaceuticals, as well as manufacturing and energy technology, including mechanical and chemical areas. Carl assists clients at every stage of the business lifecycle, from discovery, through development and commercialization.
Carl’s experience allows him to add value as a trusted member of the business team for his clients, and not merely as a hired legal technician.
- Intellectual Property
- Patents
- Patent Appeals, Patent Litigation, Patent Prosecution
- Intellectual Property Counseling
- Patent Preparation and Prosecution
- Life Sciences
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Free Consultation
1 hour
- North Carolina
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- English: Spoken, Written
- Partner
- Womble Bond Dickinson (US) LLP
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- Associate
- Womble Carlyle Sandridge & Rice, PLLC
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- Associate
- Kilpatrick Townsend
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- Associate
- Sterne Kessler
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- Boston University School of Law
- J.D. (1997) | law
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- Duke University
- M.S. (1994) | Biochemistry
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- University of Alabama - Birmingham
- M.S. (1990) | Biology
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- Wake Forest University
- B.S
- cum laude, M.S., Biology, 1990, University of Alabama at Birmingham, M.S., Biochemistry, 1994, Duke University, J.D., 1997, Boston University School of Law, cum laude.
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- Current
- Activities: Admitted to the bar 1997, Virginia
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- Current
- Activities: 1999, North Carolina
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- Current
- Activities: Admitted to practice before the U
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- Current
- Activities: Patent and Trademark Office, all Virginia and North Carolina State Courts and the Fourth Circuit Court of Appeals
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- Q. Hi I want to sell a product in the USA, that is like patent "8757418 Self-anchoring low-profile" What should I do?
- A: The required maintenance fees for this patent seem to have been timely paid to date, so it seems that the patent is active. The independent claims, however, are quite detailed (and potentially narrow). Your first step should be to sit down with a patent attorney and have them go over the independent claims of the patent to see if your device has every element recited in the claims or any potential equivalents thereof. It may be that you device is significantly different from that recited in the independent claims and, therefore, would not infringe the patent.
- Q. I have a patent for which I have just received a notice of allowance. Can I add an inventor?
- A: Yes, you can. Just let your patent counsel know the details and they should be able to take care of it for you.
- Q. Patent 7803360 protects a product that is degradable underwater.
- A: To understand what exclusive right is possessed by the patent owner, it is necessary to read the claims of the patent. The patent only provides the exclusive right to practice what is specified in the claims. Claims 1, 21, and 22 in this patent are independent claims. Unless a possible infringer prepares a product that meets all requirements of at least one of those claims, they should not be held to literally infringe any claim of this patent (if you don't infringe the "independent" claims - claims that do not recite any other claim - you cannot be infringing any dependent claim). Initially, you should consider the details recited in those claims, and determine if what you wish to make meets those requirements. If your desired product does meet those requirements, or if it seems to be a close call, you should consult with a patent attorney.
