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Margaux L. Nair

Associate
+1.312.807.4280
Fax +1.312.827.8057
Margaux Nair is a registered patent attorney in the firm’s Chicago office. She has a background in biology, including a familiarity with plant genetics and biochemistry as well as research experience with plant structures and chemical responses to herbivory.

She focuses her practice on intellectual property matters. She has been involved with the prosecution of applications for a wide range of technologies, including inventions in the life sciences and biotechnology, such as food chemistry innovations, stem cells, genetic innovations and biofuels. She also has prosecution experience related to medical and mechanical devices. Ms. Nair also counsels clients on all issues related to the protection of plant-related intellectual property, including securing plant variety protection act certificates, plant patents, and utility patents directed to plants.

She has extensive experience with post-grant proceedings before the United States Patent and Trademark Office, including ex parte reexaminations and inter partes reviews in several technology areas, including biotechnology and pharmaceuticals.

Ms. Nair has represented clients in all phases of patent litigation, including taking cases to trial. She has been involved in cases covering many types of technologies, including wireless services, computer technology, cellular technology, health law, biochemistry, genetic engineering, biosimilars, biostatistics, statistical analysis, and Hatch-Waxman litigation.

She also has experience with copyright matters, including issues related to the Digital Millennium Copyright Act.

Additionally, Ms. Nair advises clients regarding FDA and FTC compliance and due diligence.

Professional Background

Ms. Nair joined K&L Gates as a law clerk prior to graduation. Ms. Nair worked previously as a law clerk at a small boutique firm focusing on FDA, FTC, and intellectual property law.

During her law school studies, Ms. Nair also served as judicial extern for the Honorable Michael P. Toomin of the Illinois Appellate Court, First District. She researched the influence of Darwinism on Justice Holmes’ First Amendment jurisprudence as a research assistant for Professor Steven Heyman as well.

Prior to law school, Ms. Nair worked as a research assistant for Professor Colin Orians at Tufts University. She also worked as laboratory assistant for Agrawal Herbivory Lab at Cornell University and as a research assistant for the Trimmer Lab at Tufts University. Her research experience include projects such as examining spatial heterogeneity and carbon sequestration patterns in Solanaceae, chemical analysis of Asclepius incarnata specimens, kinetic tracking of tobacco hornworm caterpillar movement, and the development of a new protocol to examine the effect of leaf material damage caused by gypsy moth and tobacco hornworm caterpillars on plant chemical defenses.

Achievements

  • Received “Top Author” Peoples’ Choice Award from JDSupra for her writing regarding legal issues in the pharmaceuticals space.
  • CALI Awards for the highest grades in three courses: Intellectual Property Litigation, Genetics and the Law, and Health Law.
  • Recipient of the Rothstein Fellowship for summer research at Chicago-Kent College of Law.

Professional/Civic Activities

  • American Bar Association
    • IMPOWR Project
  • NIJC Pro Bono Asylum Attorney Program
  • The Law Project
  • Lawyers for the Creative Arts
  • Chicago Saints Theater Ushering Network

Speaking Engagements

  • Patent Wars: Nautilus Awakens, Chicago-Kent Intellectual Property Law Society, Dr. Krista Vink Venegas (McDermott Will & Emery), Grantland Drutchas (MBHB), Jeffrey Burgan (Leydig, Voit, & Mayer), Margaux Nair (K&L Gates LLP) (April 7, 2016).
  • Section 101 Patent Eligibility: The New World of Patentable Subject Matter, Chicago-Kent College of Law, Sanjay Murthy (Partner, K&L Gates, Chicago), Margaux Nair (Associate, K&L Gates, Chicago).
  • Aaron Morrow (Associate, K&L Gates, Chicago), Professor Joshua Sarnoff (DePaul College of Law), and Professor David Schwartz (Chicago-Kent College of Law), Invited Panelists (November 5, 2014).
  • Navigating the USPTO’s Guidance on Patent-Eligible Subject Matter for Natural Products, West LegalEdCenter, Thomson Reuters, Morrow, A. and Nair, M., Invited Speakers (June 6, 2014).
  • Copyright Issues and Entrepreneurial Law: Chicago Kent College of Law, Entrepreneurial Law Clinic, Nair, M. Invited Guest Speaker (2013).
  • Tannins and Responses to Herbivory in Populus nigra, Tufts University Undergraduate Research Symposium, Birdsall, M. (2007) (Research funded by an REU grant from the National Science Foundation).
  • Counseled generic drug company in both litigation and FDA strategies involved in filing an ANDA application and subsequent litigation.
  • Counsel in ten inter partes reviews involving life sciences patents.
  • Represented a pharmaceutical company in an inter partes review challenging a competitor’s patent. The patent was invalidated in a Final Decision by the Patent Trial and Appeal Board.
  • Counseled several companies contemplating entering the biosimilars market in issues relating to patent clearance, litigation strategy, and navigating the Biologics Price Competition and Innovation Act.
  • Counsel for a cellular service provider in a patent infringement action in the District of Nebraska, in a case involving wireless products and services.
  • Counsel for a leading provider of investment decision support tools in a patent infringement case in the District of Delaware involving methods of statistical analysis.
  • Represented two companies in a patent infringement action in the District of Delaware involving cellular technology.
  • Represented national diagnostic/ clinical laboratory in unfair competition case involving allegations regarding violations of state and federal healthcare laws as well as false advertising claims.
  • Prepared numerous patent applications and responses to the United States Patent Office involving food chemistry innovations, stem cells, genetic innovations, biofuels, medical devices, etc.
  • Worked on numerous ex parte reexaminations involving a wide range of technologies, including biochemical innovations and mechanical devices.
  • Invalidated several patents directed to stem cells in ex parte reexaminations based on double patenting issues.