Paul Hastings is an IP litigation powerhouse, protecting the interests of life sciences, healthcare, and technology clients in patents and trade secrets litigation with litigation and trial success at all levels in key forums and venues.
We are strategic, nimble, efficient, and dedicated to our clients, with a deep bench of diverse, award-winning attorneys who excel in high-stakes life sciences IP enforcement and defense. Our approaches to cases and seamless integration of strategy for Patent Trial and Appeal Board (PTAB) proceedings, as well as district and appellate court proceedings, has propelled us to represent innovator life sciences companies including in bet-the-company cases.
Chambers and Partners has individually ranked six of our IP Partners, and our New York life sciences team is ranked for "Intellectual Property: Patent." Chambers also reports that we are known for "renowned counseling and representation of innovator pharmaceuticals and biotechnology companies." The Legal 500, U.S. News & World Report & Best Lawyers, Benchmark Litigation, and Managing IP all rank our practice as Tier 1 Nationally for IP and Patent Litigation. BTI Consulting lists us each year as a "Go-To Litigation Firm" and "Best for Complex IP Litigation" in its annual Intellectual Property Outlook report.
In addition to the rankings mentioned above, our IP practice as a whole has been recognized by third-parties and rankings organizations including:
- Intellectual Asset Management recognizes us as among "The World's Leading Patent Professionals" each year for patent litigation, Federal Circuit appeals, ITC 337 Investigations;
- Law360 recognized us as "Most Valuable Players" for Life Sciences, Technology, and IP as well as "Practice Group of the Year" for Life Sciences;
- The American Lawyer recognized us as 2018 "IP Transatlantic Team of the Year" for work we performed for a branded pharmaceutical company; and
- National Law Journal named several IP partners "Intellectual Property and Litigation Trailblazers."
We offer clients the following four key benefits–present in combination–which we believe differentiate us from the relatively small group of other life sciences IP practices with whom we compete:
- Substantial experience handling parallel proceedings before the PTAB:
Our Patent Office practice has extensive experience with post-grant challenges, including post-grant review (PGR) and inter partes review (IPR) proceedings, resulting in a strategic and cost-efficient defense to litigation. Our attorneys have been involved in over 500 post-grant proceedings, and are undefeated at the PTAB in life sciences matters. Managing both district court and Patent Office proceedings, we are able develop efficient, coordinated strategies that take account of the differences between the two venues, while maintaining consistency in positions and taking the approach most likely to protect key patents through all proceedings.
Third parties have recognized us as a go-to-firm for post-grant proceedings. Chambers and Intellectual Asset Management recognizes us as experts in PTAB practice. In fact, we helped form the PTAB Bar Association and maintain professional relationships with other members of the Bar and Judges.
- Diverse bench of nearly 40 legal professionals and PH.D.-trained scientific advisors: Besides being skilled trial lawyers, nearly all of our life sciences IP attorneys hold technical degrees, including advanced degrees in the life sciences, chemistry, materials science, or engineering, and many have hands-on experience from work at leading research institutions and large life sciences companies. Our technical acumen allows us to field efficient litigation teams that possess deep insight into the technology and understand how to present technical issues in the most persuasive way. We work efficiently and closely with inventors and experts to develop the strongest legal positions backed up by solid scientific positions. We are deeply committed to diversity, equity, and inclusion, and nearly half of the attorneys in our life sciences intellectual property practice are diverse, beginning with our award winning partner and of-counsel ranks. We recruit the best and brightest from leading law schools and work with a range of organizations to build our diverse and inclusive talent base, which has resulted in our being consistently recognized for our commitment to advancing diverse leaders.
- Unwavering commitment to innovator clients: We are dedicated to seamless client communication, and we promise that our lead counsels give focused attention to matters throughout the course of the case. We do not have conflicts being adverse to generics. We are experts in the nuances of Hatch-Waxman and biotech patent litigation, including strategies to win cases in federal district court while navigating intersecting regulatory issues involving the FDA. We have litigated against virtually every generic drug company and generic law firm. We look to outmaneuver the generics' firms, including by staying attuned to the trends and tactics evolving in the generic corps. We also have substantial experience in biosimilars patent litigation practice under the BPCIA, providing key strategic advice and representing both reference product sponsors and biosimilar applicants companies in litigation and related PTAB proceedings involving multi-billion dollar biologics products.
- Proven track record of success: Whether judge or jury–we know how to try case–and we win. And because our opposition knows we are not afraid to go to trial we are able to leverage our skill and reputation to deliver successful results through settlements where beneficial for our clients. Our success does not end at trial. Leveraging Federal Circuit clerkships and deep appellate experience, we partner with our clients through appeal.
Our clients trust Paul Hastings to protect their most important products and processes. Together, our nationally ranked IP litigation and appellate practices shape a formidable team that serves our clients well.