Patents and Other Intellectual Property LIFE SCIENCES

Offering pragmatic solutions to address a range of IP challenges, from protecting and enforcing patents to IP due diligence.


WilmerHale represents leading companies in biotechnology, pharmaceuticals, medical devices, genomics, diagnostics and beyond in a wide variety of intellectual property matters. For three consecutive years, U.S. News – Best Lawyers® has ranked the firm for biotechnology law, intellectual property litigation, patent law and technology law nationally. WilmerHale's life sciences litigation and prosecution team is backed by the academic and industry experience of more than 120 lawyers and technology specialists with scientific or technical degrees in areas such as organic chemistry, molecular biology, pharmaceuticals and biochemistry. We are routinely called upon to advise companies and institutions, big and small, with respect to intellectual property matters, including due diligence, portfolio management and licensing disputes, as well as assorted litigation matters involving intellectual property rights. In addition, some of the world's largest life sciences companies rely on us to protect their most important intellectual property and product portfolios in bet-the-company patent cases.

Contacts

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Pirozzolo, Lisa J.

Lisa J. Pirozzolo

Co-Chair, Intellectual Property Litigation Practice Group

+1 617 526 6388 (t)

lisa.pirozzolo@wilmerhale.com

Selwyn, Mark D.

Mark D. Selwyn

Co-Chair, Intellectual Property Litigation Practice Group

+1 650 858 6031 (t)

mark.selwyn@wilmerhale.com

Steinberg, Donald R.

Donald R. Steinberg

Chair, Intellectual Property Department

+1 617 526 6453 (t)

don.steinberg@wilmerhale.com

Experience

We support our life sciences clients' business objectives by providing a comprehensive range of services, including:

  • worldwide protection of IP rights;
  • patent infringement litigation, including Hatch-Waxman (ANDA) and Biologics Price Competition and Innovation Act (BPCIA) litigation;
  • resolution of licensing disputes, including litigation, arbitration and mediation;
  • strategic patent portfolio development and life-cycle management; 
  • Patent Term Extension and Orange Book Listing counseling;
  • landscape, freedom-to-operate, patentability, validity and infringement opinions; 
  • IP diligence in connection with public and private offerings and mergers and acquisitions; and
  • the implementation of strategies using ex parte reexamination, inter partes review and post-grant review to challenge or defend issued patents.

Life sciences industry leaders turn to WilmerHale to resolve their most complex offensive and defensive intellectual property disputes, including Hatch-Waxman (ANDA) litigation and the emerging regulatory and litigation processes of the BPCIA. From conducting early assessments of clients' patent and product portfolios to representing clients in all phases of litigation, we understand the unique tactics and strategies implicated by life sciences litigation, and work with clients to implement an overarching strategy designed to protect their most valuable assets.

WilmerHale has a well-established track record of successfully representing innovator pharmaceutical companies in patent infringement litigation against generic companies that file ANDA and/or 505(b)(2) applications. We have extensive experience at all stages of this process, including reviewing patent portfolios and providing strategic advice in advance of any generic filing, reviewing ANDA and 505(b)(2) applications, handling disputes involving multiple patents and numerous generic defendants, litigating patent infringement matters through trial in the district courts and appeals at the Federal Circuit, and achieving resolution of appropriate matters through settlement. In the last five years, we have handled more than 50 ANDA matters, including litigation in district courts and at the Federal Circuit, and have taken some matters to trial.

WilmerHale has served as national trial and appellate counsel in multi-jurisdictional patent infringement actions and has successfully represented life sciences clients before the International Trade Commission, district courts throughout the United States, the Federal Circuit and the US Supreme Court. By combining our trial and appellate strengths to shape litigation strategy from the outset, we are able to maximize the likelihood of success for our clients.  

Publications & News

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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.”

July 20, 2017

WilmerHale Earns Win at Federal Circuit on Behalf of Takeda in Hatch-Waxman Litigation

The appeals court reversed a district court finding of patent invalidity based on obviousness and remanded the case with instructions to enter judgment in favor of Takeda.

June 8, 2017

WilmerHale Partners and Practices Named Among Managing Intellectual Property's 2017 IP Stars

IP Stars identifies lawyers based on their practice and industry experience, and recommendations from their peers and clients.

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.