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. I want to make patented bee protecting mushroom extracts (patent of Paul Stamets). Are they still active? Can I use it?
- A: A number of U.S. patents relating to this subject matter appear under the name Paul Stamets. Several are relatively newly issued and will be active for some time. One thing to realize is that the patent only provides an exclusive right (right to sue for infringement) for what is within the scope of the claims. You may wish to consult with a patent attorney to assist with review of those claims, in order to determine if there is a way to avoid infringement and still possibly accomplish some benefits of the general idea. We would be happy to discuss the matter further.
- Q. Regarding patent 9369170: What exactly is there a patent for here?
- A: This patent, like all patents, only provides exclusivity to the owner (or licensees) for what is recited in the "claims." Claims are the numbered sentences at the end of the PDF of the patent document, although they occur near the beginning of the html version of the patent on the USPTO website. In order to fall within the scope of the claim, the structures or activity of a potential infringer must include every element recited in the claim. In doing an initial, informal evaluation, you should focus on the details of the independent claims (those that do not recite "of claim X" - those are dependent claims). If questions about particular parts of the claim language are confusing, you should probably consider consulting a patent attorney.
- Q. We had contacted a company in Boulder, Colorado to search potential patents as we have an invention idea (COVID-19).
- A: The phrase in your question " they say includes possible design engineering, patent application, legal work with an attorney, marketing, etc" concerns me. It sounds like a "package" of services most often offered by "invention submission" companies. Some may be legitimate, but often they provide very little, are associated with questionable patent counsel, and charge way more than they should for the total. It sounds like you would benefit from discussing your project with a normal patent attorney. Let me know if I can assist.
