Experience

Pharmaceutical

About

Pharmaceutical is part of our work in Life Sciences.

Breakthrough discoveries and innovations require strong protection

People rely on the pharmaceutical industry for life-saving drugs and treatments, as well as those that improve the quality of life. Even with billions of dollars invested in research and development, few drugs make it through clinical trials and stringent regulatory clearances necessary to get to market. For those that do, it is crucial that the companies have protected the intellectual property (IP) underlying new drugs and treatments. Finnegan has a long history of working with innovative pharmaceutical companies to protect and maximize their valuable IP rights and assets, strategizing prosecution pathways and portfolio planning.

Understanding the law, science, and technology

Our clients’ business and IP assets are global; protecting these assets across jurisdictions is increasingly challenging. With offices around the world and experience with multinational companies, Finnegan has the resources and experience to formulate and execute global strategies for pharmaceutical companies. The fast pace of new discoveries and their commercial applications require a comprehensive grasp of the IP legal issues and the industry insight to understand the scientific and strategic implications of the advancements.

With experience addressing virtually every type of IP issue for our pharmaceutical clients, we help by:

Representing clients in complex pharmaceutical patent infringement and trade secret cases, including Hatch-Waxman litigation
Litigating high value products in district and appellate courts with experienced trial and appellate teams
Developing and executing prosecution strategies to both protect a client’s products and analyze those of its competitors, thus helping ensure that the client realizes value from its IP assets
Preparing and negotiating licenses, assessing the licensing value of competitors’ patents, and guiding clients in decisions to license
Providing due diligence for merger and acquisition and partnership targets
Providing counsel on business-related matters, including antitrust and competition issues
Determining priority in complex interferences
Advising on potential litigation strategies, and asserting and defending patents in court
Providing trademark prosecution and counseling services

We work with clients innovating and advancing science in myriad fields, including:

Antibody therapies—small and large molecules
Atypical antipsychotic drugs
Sustained-release formulations
Vaccines

Contacts

Everyone in this industry

Experience

Represented a major U.S. pharmaceutical company in two arbitrations concerning a leading biologic. Finnegan’s client won both arbitrations and, in the second, was awarded its attorney fees.

Drafted and negotiated a complex license agreement for Fochon Pharmaceuticals, Ltd. relating to BCL-2 inhibitors with up to $400 million in potential development and commercial milestones.

Represented a U.S. pharmaceutical company in an arbitration with a former consultant and inventor. The dispute involved issues relating to inventorship and ownership, as well as the determination of royalties due under various agreements. The matter settled shortly before the hearing on favorable terms.

Represented Genevant Sciences in negotiating and drafting several license and collaboration agreements for Genevant’s lipid nanoparticle technology, including agreements with Gritstone Oncology relating to COVID-19 and BioNTech relating to development of mRNA therapeutics for rare diseases.

Assisted AbbVie, Inc. with multiple settlement and license agreements relating to a leading biopharmaceutical product.

Drafted and negotiated a complex strategic development agreement for Roivant Sciences relating to a small molecule product with potential payments of up to $600 million.

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