IAM Patent 1000
Pharmaceutical companies facing the challenge of protecting their intellectual property (IP) from generic competition under the Hatch-Waxman Act have seen the patent litigation landscape evolve significantly in recent years. To defend market position and maximize investment in core patents and products, you need agile, sophisticated trial counsel on your side. McDermott’s life sciences patent litigation team develops innovative, solutions-oriented strategies to help you mitigate risk, capitalize on opportunity and stay ahead of the competition. Our life sciences industry group includes over 140 attorneys with demonstrated success and experience in intellectual property matters.
Technically Oriented Teams
We are relentless advocates for clients who call on us for bet-the-company Hatch-Waxman litigation. To protect your critical innovations and investments in R&D, we mobilize technically oriented teams. Members of our team have advanced degrees and industry experience in life sciences disciplines including cellular and molecular biology, chemistry and organic chemistry, biochemistry, biomedical engineering, chemical engineering, immunology, pharmacology and genetics, as well as small and large molecules, biosimilars and hybrids. Furthermore, we have litigated cases involving a number of revolutionary drugs, including Bryhali®, Duobri®, Tyvaso®, Myrbetriq®, Lexiscan®, Glumetza®, Gralise®, Xospata®, Hetlioz®, and Orenitram®, among others. Leveraging our technical expertise with our strong trial litigation bench, we can effectively explain complex technology and IP legal principles to judges and juries in a way that greatly increases the likelihood of achieving favorable results.
Our lawyers have litigated cases involving flagship products for industry-leading life sciences companies, earning major litigation victories in dozens of federal courts, particularly in those relevant to life sciences companies such as the District of Delaware and in the District of New Jersey. We also have experience successfully coordinating parallel PTAB proceedings and protecting and opposing outcomes before the Federal Circuit. Additionally, unlike other firms who typically use the resources of external local counsel—who may have conflict issues, untested results and duplicative fees—our team leverages our Wilmington office location to provide on-the-ground local Delaware counsel intrinsically tied to the McDermott platform.
We collaborate with our FDA team to help you develop a comprehensive strategy that not only protects your patent assets, but also takes into account potential regulatory challenges to your drug products during development. In tandem with strategic regulatory submissions, our team can help you develop a patent portfolio and overall product strategy to maximize market exclusivity.