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.
Williams & Connolly has a long-standing reputation as one of the nation’s premier litigation firms, with a cadre of top-tier trial lawyers. The firm is regularly recognized as a leader in lifesciences, intellectual property, and products liability by Managing IP, LMG Life Sciences, and Chambers USA, among others. Recent recognitions include The National Law Journal’s 2017 “Washington Litigation Department of the Year” for Products Liability, and one of the top four patent litigation practices nationally for 2017 by IAM Patent 1000 - The World’s Leading Patent Practitioners.
Patent litigation and licensing disputes. Williams & Connolly is the “go-to” intellectual property litigation firm for many of the biggest companies and most important cases. The patent litigation group marries the experience of seasoned firstchair trial lawyers with that of a team of scientifically trained lawyers, including ten former Federal Circuit clerks and thirteen members of the patent bar. Their collective strength is in mastering the technical and scientific issues raised by patent disputes, providing a nuanced understanding of the relevant legal issues, and describing them in ways that both judges and juries easily can understand.
Williams & Connolly represents both U.S. and international market leaders, large and small, in a wide range of sectors for which patent litigation is a critical and essential component of the company’s asset-protection strategy. In the pharmaceutical and biotech sectors companies such as Pfizer, Eli Lilly, Genentech/Roche, AstraZeneca, and its division MedImmune, Bayer, and Novartis and its division Alcon entrust critical patent litigation to the firm.
The firm has represented both patentees and alleged infringers in litigation and post-grant review proceedings spanning a wide range of technologies, including pharmaceuticals, medical devices, biotechnology, electronics, and software. Williams & Connolly’s patent lawyers are outside counsel of choice for many leading corporations in the life sciences arena in matters including:
• Hatch-Waxman pharmaceutical litigation against generic companies • Wide-ranging patent, licensing, and trade secret litigation for biotechnology companies
• Patent and licensing disputes on behalf of medical device manufacturers • Representing petitioners and patent owners in inter partes review proceedings • Representing major law firms in professional responsibility claims of malpractice rising from their patent litigation or prosecution work
Recent practice highlights include: • Successful representation of Pfizer and several of its subsidiaries at trial and on appeal against a generic manufacturer attempting to sell a version of a Pfizer anticancer drug. • Successful representation as lead counsel for Bayer in several Hatch-Waxman cases relating to Bayer’s erectile dysfunction drug products
Levitra® and Staxyn®. • Successful defense of Eli Lilly in two bench trials over the validity and infringement of a Lilly patent protecting its blockbuster anticancer drug Alimta®, which has annual U.S. sales of over $1 billion. • Successful representation of Mirowski Family Ventures in a jury trial that returned a $309 million verdict against Boston Scientific Corporation for breach of contract and patent licensing issues related to its implantable cardioverter defibrillator and won on appeal.
Williams & Connolly is also a recognized force in the products liability arena, and is home to some of the most successful products trial lawyers in the country. The team has extensive experience representing pharmaceutical and medical device makers and distributors in all aspects of national and international litigation as lead trial counsel, national or global coordinating counsel, “endgame”/resolution counsel, and appellate counsel. With several dozen attorneys who spend more than half their time on products litigation, the firm regularly represents many of the world’s leading companies in highstakes litigation in the U.S., Europe, Africa and Asia.
Recent practice highlights include: • Representation of Bayer, Genentech, Stryker, Pfizer, Merck, AstraZeneca, Medtronic, and Endo Pharmaceuticals in products litigation • Several recent trial victories for life sciences clients, including jury trial wins for Alcon and for Pfizer/Wyeth • Several recent appellate victories on the issue of “innovator liability” • Multiple defeats of class certification
• Serving as lead national counsel in diabetes products litigation, national counsel on Viagra- melanoma litigation, resolution counsel on two major litigations (each involving thousands of cases), and trial counsel in multiple drug and device litigations
Williams & Connolly lawyers handle virtually every kind of complex commercial litigation imaginable for businesses in the life sciences, pharmaceutical and healthcare industries, with a particular emphasis on preparing and taking cases to trial.
Recent practice highlights include: • Defended Alcon Research against $400+ million in contract and trade secret claims: 2017 jury trial defense verdict on contract claims, and defense summary judgment on trade secret claims. • Represented Pfizer in $100+ million commercial dispute: 2017 arbitration award on all claims before the AAA’s International Centre for Dispute Resolution (ICDR). • Representation of Eli Lilly, Cardinal Health, Pfizer, AstraZeneca, Omnicare, and Bristol- Myers Squibb in a range of complex cases.
Antitrust, white collar and government investigations
Life sciences clients, including those in the pharmaceutical and other healthcare sectors, also look to Williams & Connolly in the face of significant and complex antitrust, white collar and government investigation matters.
Recent practice highlights include: • Representation of many significant life sciences and healthcare companies navigating government investigations including Pfizer, Wyeth, CVS Health, Medco Health Solutions, Express Scripts, Cardinal Health, Emerge Medical, Liberty Health Care, Omnicare, and Sunrise Senior Living. • Successfully defending AstraZeneca in landmark antitrust litigation seeking $60 billion in alleged damages.
Bradley’s Life Sciences team has a global perspective and deep trial experience in some of the most challenging jurisdictions in the United States. Our attorneys counsel and defend clients involved in pharmaceuticals, medical devices, molecular testing services, drug delivery systems, clinical labs (CLIA), genomic labs, bioinformatics, genomic medical clinics, research institutions, contract research organizations, animal sciences, plant sciences and healthcare. We serve as international, national, regional, and statewide counsel across the full spectrum of litigation and risk management, including high-stakes individual matters, complex multidistrict litigation, and cross-border concerns requiring coordinated novel legal strategies. Our attorneys combine legal experience and knowledge with a sophisticated understanding of the life sciences industry to develop practical, strategic solutions specifically tailored to our clients’ business goals.
Cravath, Swaine & Moore LLP has been known as one of the world’s preeminent law firms for over two centuries. Each of its practices is highly regarded and its lawyers are recognized for their commitment to the representation of their clients’ interests in the United States and internationally. Cravath represents a full spectrum of companies, from biotechnology startups to established healthcare and life sciences companies, on a variety of corporate and litigation matters. We have played a leading role in critical and complex transactions and cases that have defined the life sciences industry, including handling one of the first suits to proceed under the Biologics Price Competition and Innovation Act, in which we represented Amgen in a lawsuit arising from its anticipated introduction of the first biosimilar to AbbVie’s biologic drug, Humira®.
The Firm represents pharmaceutical, biotechnology, healthcare services and medical device companies in significant intellectual property and antitrust litigation; complex shareholder derivative and securities suits; breach of contract and licensing disputes; and arbitrations. We also handle government and internal investigations; regulatory enforcement; and compliance matters for life sciences clients, as well as regulatory clearance and antitrust advice relating to mergers and acquisitions.
On the corporate side, we advise life sciences companies and their boards of directors in connection with transactions ranging from complex collaboration agreements to a wide variety of acquisitions and divestitures of companies and businesses. Clients also rely on our financing expertise as well as our experience in navigating risks and strategies related to environmental, social and governance (“ESG”) issues.
Intellectual property issues are critical for many of our clients in the life sciences sector. We have significant expertise across a broad range of intellectual property issues including strategic counseling, review and analysis in developing and optimizing intellectual property rights, patents, licensing and portfolio development and exploitation.
Cravath’s clients in this area have included: Abiomed, Actelion, Akorn, Alcon, Amgen, Chemed, CRISPR Therapeutics, Illumina, Insys Therapeutics, IsoPlexis, Medinol, Merck & Co., Novartis, OrbusNeich, RedHill Biopharma, Roivant Sciences, Thermo Fisher Scientific, Vaxxinity, Viatris and Vitaworks.
2021 LMG Life Sciences Stars: • Evan R. Chesler • Keith R. Hummel • David J. Kappos