The pharmaceutical industry faces a unique set of rules that complicates the competitive landscape and provides pharma companies and research firms with both challenges and potential opportunities. Our acclaimed attorneys who focus on patent, trademark, unfair competition, commercial transactions, consumer product safety, antitrust and trade regulation work collaboratively with our pharmaceutical and research clients to maximize the results of their investment in R&D, while securing the fruits of their research and protecting their brand.
Our attorneys have experience with a variety of pharmaceutical and biotechnologies. Representative areas include:
- Biological and chemical assays
- Catalyst compositions
- Chemical processes
- Consumer products
- Doping agents
- Drug delivery systems, including capsules, tablets and gels
- Extraction processes
- Immunosuppressant agents
- Methods of treatment for atopic dermatitis, cancer, cardiovascular disorders, endometriosis, immune disorders, inflammatory disorders, influenza and menopause
- Organic compounds and their intermediates
- Pharmaceutical, herbicidal and other bioactive compounds and processes
With a firm practice devoted to the pharmaceutical and biotechnology industry and supported by additional firm teams, our attorneys represent clients in the following areas:
- Intellectual Property
Our top tier Patent team provides transactional, opinion and prosecution work in the area of genetics, diagnostics, therapeutics, medical compositions and bioinformatics. We also have experience with both small and large molecule prosecution and organic synthesis pathways.
Included among our highly skilled group of attorneys are many with graduate degrees in biochemistry, chemistry, microbiology, molecular and cell biology, as well as a former U.S Patent Office Examiner. We have an outstanding record of success in patent litigation on behalf of pharmaceutical clients and research organizations dealing with patented drugs and their ingredients.
Our award winning trademark team has vast experience counseling on the issues particular to advertising, brand strategy and protection for pharmaceutical companies.
We offer the following services:
- Patent prosecution, counseling and licensing
- IP due diligence
- Patent litigation, including ANDA litigation
- Trademark registration, counseling and licensing
- Trademark enforcement and litigation
- Trade secret protection and litigation
- Copyright, Internet and social media counseling
- Antitrust and Trade Regulation
Our antitrust attorneys successfully represent pharma and research clients in a full range of antitrust and unfair competition matters, including litigating complex civil and criminal cases, counseling and risk reduction through establishment of compliance programs and antitrust audits, ushering mergers and acquisitions through the various competition authorities around the world, and other matters. Our antitrust attorneys work collaboratively with our trademark attorneys to deal with unfair competition issues when they arise.
- Licensing and Complex Commercial Transactions
Pharmaceutical licensing transactions involve not only various intellectual property rights, but often negotiating and documenting complex relationships involving issues such as: the scope of a party’s license and commercialization rights with respect to the licensed intellectual property; the ongoing collaboration between the licensor and licensee with respect to matters such as research and development, joint development of new intellectual property and/or regulatory approvals; complex economic terms and conditions; and other commercial matters such as supply or service relationships.
We regularly represent clients in connection with both acquiring and granting licenses to various types of intellectual property and in connection with the broader complex commercial relationships that accompany strategically important licensing transactions. We assist clients with the development, licensing and commercialization of biotechnology, pharmaceuticals and other complex technology, data and intellectual property. We also represent clients in connection with joint development agreements, strategic alliances, joint ventures, international business transactions, distribution and marketing arrangements and other collaborative operationally-driven relationships.
- Global Perspective
The pharmaceutical and biotechnology industry is global and transactions increasingly have international and multinational elements. Each situation requires experienced advice that will “bridge the gap” between the client’s business located in its home country and its operations and relationships located abroad. We regularly work with our clients to develop cross-border strategies and tax efficient structures, and to manage cross-border projects and negotiations to closure. Our lawyers have represented clients in connection with transactions totaling billions of dollars in value across Europe, Asia and Latin America and international clients doing business in the United States. As a result, we are knowledgeable about many of the subtle but important issues that can significantly affect a transaction. Examples of issues and areas that often require particular attention include:
- Clearly articulating the product/service requirements and operational milestones to avoid miscommunications and misunderstandings about rights and obligations
- Addressing international tax planning considerations to adopt optimum structures to minimize taxes and to maximize long term tax efficiency
- Addressing international presence/structure and choice of entity issues
- Addressing payment security and currency issues to assure timely payment for goods and services and to minimize the impact of any currency risks or fluctuations
- Assessing the economic and operational impact of any particular international trade laws, import/export and other regulatory controls
- Assessing and selecting dispute resolution mechanisms that, in the cross-border context, usually involve arbitration, and advising on the choices and differences among venues and arbitration organizations
We provide a broad range of additional legal services related to the pharmaceutical and biotechnology industry including Products Liability, Joint Ventures & Strategic Alliances, Insurance Coverage, Labor & Employment and Employee Benefits. Our work in this sector often extends to other industries, including Health & Life Sciences, Health Care, Education & Research and Consumer Product Safety.