Litigation LIFE SCIENCES

Our litigators have the insight to plan and execute a winning strategy from the outset of any case that our life sciences clients may face.


Intellectual property, product safety and corporate financing are crucial to the success of life sciences companies. Should disputes arise, our litigators offer clients very deep experience in patent litigation, product liability litigation and securities litigation. We have served as lead litigation counsel in hundreds of major patent, copyright and trademark cases for life sciences clients and clients from other industries. Our litigation lawyers repeatedly receive national and international recognition as top-rated practitioners. And WilmerHale's IP Litigation Practice features a premier litigation team backed by the academic and industry experience of more than 120 lawyers and technology specialists with scientific or technical degrees.

Experience

In supporting our life sciences clients to address litigation-related issues, we have experience in:

  • Patent litigation that reflects the importance of patent protection in the industry. We have been deeply involved in this type of litigation since the battle between Amgen and Genetics Institute over EPO in the 1980s. Since that time, we have represented clients such as Calgene, Sepracor, Biogen and Wyeth in many of the landmark patent cases in these industries. In the last five years, we have argued more than 10 biotechnology or pharmaceutical patent cases in the United States Court of Appeals for the Federal Circuit, the court that for the past two decades has defined the nature and extent of intellectual property protection for life sciences inventions. Partner Bill Lee has served on the Advisory Committee of the Court of Appeals for the Federal Circuit.
  • Product liability litigation that inevitably results from products that are administered to human beings. For example, we have represented Wyeth on a comprehensive basis in product liability litigation involving Wyeth's oral polio vaccine, diet drugs, Prempro, Reglan and other of Wyeth's drugs, and Becton Dickinson in product liability cases involving catheters and syringes.
  • Securities litigation that arises out of the volatility of the stock prices of biotechnology companies as products fail in clinical trials or do not receive anticipated regulatory approvals and claims are made against companies and directors and officers for violations of prospectus and other disclosure obligations, fiduciary duties and insider trading, among other areas.

We are also national trademark counsel for Pfizer and have litigated extensively on its behalf to defend the Viagra trademark.

Publications & News

View

March 16, 2018

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2018

In the 2018 edition of Chambers Global, 33 WilmerHale lawyers were named among “The World's Leading Lawyers for Business."

November 7, 2017

LMG Life Sciences 2017 Honors WilmerHale With Top Rankings

LMG Life Sciences has recognized WilmerHale among the nation's leading life sciences law firms in its 2017 rankings, citing the firm's Life Sciences Practice as “renowned for its range and multidisciplinary teams that counsel clients in technology, pharmaceutical and medical device companies as well as investment banks and venture capitalists.”

June 7, 2017

Selected 2017 Life Sciences Transactions

Recognized both globally and nationally for its leading life sciences practice, WilmerHale has more than four decades of experience representing biotechnology, pharmaceutical and medical device companies at all stages of growth, as well as venture capitalists and investment banks.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

May 17, 2017

WilmerHale Ranks Among Top Three Life Sciences Law Firms for Second Consecutive Year

The index—launched last year by Lake Whillans and Breaking Media (publisher of MedCity News and Above the Law)—identifies which law firms are the most active and relevant for life sciences companies.

May 9, 2017

WilmerHale Earns Win for Braintree Labs in Hatch-Waxman Case

Braintree Laboratories, Inc. was victorious at the Federal Circuit when the appeals court reversed a district court's grant of summary judgment of noninfringement for Breckenridge Pharmaceutical and remanded with instructions to enter judgment in Braintree's favor.

March 21, 2017

WilmerHale Recognized for Outstanding International Lawyers and Practices in Chambers Global 2017

Chambers Global has named 27 WilmerHale lawyers among "The World's Leading Lawyers for Business" in its 2017 edition.

December 9, 2016

WilmerHale Listed Among Top Thought Leaders in Life Sciences Law Firm Index

Lake Whillans evaluated firms based on the strength of elements such as white papers, contributions to third-party media and speaking engagements.

November 9, 2016

LMG Life Sciences Ranks WilmerHale and Attorneys Among the Best

The 2016 guide highlights nine firm practices and 18 attorneys, recognizing work under three categories—Intellectual Property, Finance and Transactional, and Non-IP Litigation and Enforcement.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.