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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

Regenxbio, Inc. et al. v. Sarepta Therapeutics, Inc. et al.
Representing Sarepta in patent litigation involving potential gene therapy for DMD.

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

Kaken Pharmaceutical Co., Ltd. et al v. Iancu
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

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company
Representing Eli Lilly in multiple Federal Circuit appeals involving antibody patents.

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

Valeant Pharmaceuticals Int’l, Inc. v. Actavis Laboratories FL, Inc.
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

 AstraZeneca AB v. Zydus Pharmaceuticals (USA), Inc.
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

Eli Lilly and Company v. Genentech, Inc.
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

157 More

Insights

Prosecution First Blog

Patentee’s Success Story in a Hatch-Waxman Litigation Case

January 22, 2021

Webinar

Sanofi, Vanda, and GSK, a New Year Voyage through the Land of Induced Infringement

January 21, 2021

Webinar

Webinar

Hot Topics in Artificial Intelligence (AI) and Bio-pharm

December 22, 2020

Webinar

Webinar

Inducement in a Pharmaceutical, Post-Launch Non-Hatch-Waxman World

December 17, 2020

Webinar

Conference

Bionnova Leaders Forum China 2020

December 9-10, 2020

Shanghai

IP FDA Blog

FDA Final Guidance on Enhancing the Diversity of Clinical Trial Populations

November 19, 2020

495 More

Upcoming Events

Conference

Pharma & Biotech Patent Litigation in Europe

February 23-25, 2021

Virtual

Webinar

Patenting Pharmaceutical Drug Formulations: Withstanding Litigation and PTAB Challenges

February 16, 2021

Webinar

News

Commentary

How I Made Partner: Finnegan's Danielle Duszczyszyn Shares Six Keys to Business Development Success

December 16, 2020

Press Release

Finnegan Celebrates Two Wins at the 2020 LMG Life Sciences Awards and Top Honors in the Rankings

October 5, 2020

Announcement

Margaret Esquenet Wins “Best in Copyright” at Women in Business Law Awards

September 22, 2020

Media Mention

Finnegan Shortlisted for 2020 LMG Life Sciences Awards

August 4, 2020

Commentary

Rush for Generic Go-Ahead on Novel Drugs Roils Pharma Industry

June 19, 2020

Commentary

UK Pullout from EU Patent Court Stirs Pharma’s Doubt

March 5, 2020

119 More

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