Life Sciences
Intellectual Property

Overview

“[McDermott] maintains a robust and comprehensive life sciences practice, calling on the world’s top 10 pharmaceutical companies and a host of medical device industry leaders.”

IAM Patent 1000

As a life sciences company, your intellectual property (IP) is your most valuable asset—it’s what propels your growth, drives your success and sets you apart from competitors. But it may also be your most vulnerable asset.

How you commercialize your innovation and gain compliance is crucial for the success of your business. As competitors constantly work to capture your share of the market, it is imperative that your IP is protected to maximize its value. Our business-first perspective makes us uniquely equipped to help our clients build formidable IP portfolios, maximize their value and enforce or defend them in litigation.

Recommended for its “excellent track record in representing life sciences and hi-tech clients in contentious cases, such as defending infringement allegations and assisting with post-grant reviews.”

Chambers USA

"McDermott Will & Emery has great depth and breadth of expertise in biotechnology law."

Best Law Firms

“[McDermott’s] agents and attorneys have strong technical backgrounds (many hold PhDs) and notable patent drafting, prosecution and litigation skills – a combination which is not easy to find.”

IAM Patent 1000

“Life sciences patent litigation is a trump card for McDermott Will & Emery’s IP group.”

IAM Patent 1000

Results

Representing United Therapeutics in its patent infringement suit against Liquidia Technologies alleging Liquidia infringes patents related to UT’s Tyvaso (treprostinil) product, a prescription inhalation solution for pulmonary arterial hypertension.
Representing Astellas in multiple patent infringement cases regarding its Lexiscan® product, a pharmacologic stress agent indicated for radionuclide myocardial perfusion imaging in patients unable to undergo adequate exercise stress, as well as cases involving Myrbetriq® and XOSPATA®.
Successfully represented Amgen in defeating efforts by Sanofi’s and Regeneron to declare Amgen’s patents, covering a new class of cholesterol lowering anti-PCSK9 antibodies, invalid in this closely watched competitor case; secured a sweeping jury verdict after a one-week jury trial.

Achieved a favorable settlement for biotechnology giant, United Therapeutics, in its 12-patent infringement suit against ANI Pharmaceuticals regarding UTC’s Orenitram extended-release tablets.
Delivered a complete victory for client Bausch Health Companies against would-be generic entrant Padagis LLC when the US District Court for the District of New Jersey issued its 77-page opinion finding that Bausch’s patents covering its commercial psoriasis lotions, Bryhali® and Duobrii®, were valid and infringed.
Represented Assertio Therapeutics (formerly Depomed) in protecting its flagship pharmaceutical product Gralise® in Hatch-Waxman litigation in the US District Court for New Jersey. Five of the six generic defendants withdrew their attempt to market a generic product or settled. Depomed and remaining entity, Actavis, went to trial, where a sweeping victory was secured for Depomed, finding infringement by Actavis and upholding the validity on all asserted patents.
Defeated Myriad’s 15-year patent-protected monopoly on BRCA gene testing, a process that assesses a woman’s risk of developing breast or ovarian cancer, after successfully defending Ambry Genetics against a 16-patent suit and a preliminary injunction on six of those patents to stop Ambry.
Representing Natera, a global leader in cell-free DNA testing, in two patent infringement cases related to several of ArcherDx’s oncology testing products.
Managing the patent portfolio for Quidel Corporation, a medical manufacturing and diagnostic testing company, as well as assisting in diligence for corporate transactions.
Represented 10x Genomics, a biotechnology company that designs and manufactures gene sequencing technology, in a patent infringement litigation filed by Bio-Rad Laboratories.
Represented a specialty pharmaceutical company and its subsidiary in a transaction to license their oral film.
Representing a leading gene-editing company in numerous patent prosecution matters related to the company’s immuno-oncology programs, including managing world-wide patent prosecution for the company’s lead programs.
Advised a major French life sciences company on a $1.275B partnership – among the largest ever in the French biotech industry – with AstraZeneca to accelerate development of Innate’s key products
Serving as trademark counsel to a manufacturer and marketer of high quality dental equipment, managing the company’s trademark portfolio and related matters, including assistance with demand letters, particularly for domain name disputes.
Spearheaded a trademark opposition before the US Trademark Trial and Appeal Board involving a leading biotechnology’s drug used for the treatment of osteoporosis against another pharmaceutical brand.
Serve as primary trademark counsel for an early-stage cellular therapy company assisting with various aspects of its global trademark portfolio, in addition to handling copyright, internet, domain name, social media, advertising, unfair competition, dilution and trade dress matters.