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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

Representing Sarepta in patent litigation involving potential gene therapy for DMD.

1:20-cv-01226, D. Del., Judge Andrews

Represents Kaken and Bausch Health Care in IPR proceedings, district court litigation, and Federal Circuit appeal related to patent covering Kaken and Bausch Health Care’s Jublia® pharmaceutical product.

18-2232, Fed. Cir., Judges Newman, O'Malley, Taranto
IPR2017-00190, PTAB, Judges Mitchell, Franklin, Pollock
IPR2017-01429, PTAB, Judges Mitchell, Franklin, Pollock
3:18-cv-13635, D.N.J., Judges Martinotti, Goodman

Representing Eli Lilly in multiple Federal Circuit appeals involving antibody patents.

2020-1747, -1748, -1749, -1750, -1751, -1752, -1876, -1877, -1878, Fed. Cir.

Represents Bausch Health Companies (f/k/a Valeant), Salix, and Progenics in Hatch-Waxman patent infringement litigation concerning an ANDA for generic oral versions of Relistor® tablets. The District of New Jersey granted judgment in favor of Valeant following trial on U.S. Patent No. 8,524,276 covering Relistor® tablets through 2030.

2:16-cv-09038, D.N.J., Judges Chesler, Waldor

Representing AstraZeneca in Abbreviated New Drug Application (ANDA) litigation against Zydus on its Farxiga^® pharmaceutical drug product.

1:18-cv-00664, D. Del., Judge Andrews

Represented petitioner Eli Lilly and Company in post-grant review proceeding before PTAB relating to patent on IL-17A/F antibodies that had been asserted against Lilly’s blockbuster Taltz® pharmaceutical. Successfully obtained institution of PGR and judgment in favor of petitioner.

PGR2019-00043, PTAB, Judges Mitchell, Paulraj, Cotta

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