US > Intellectual property > Patent litigation: life sciences/chemical: National
Index of tables
Patent litigation: life sciences/chemical
Leading lawyers
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- Scott Bornstein, Greenberg Traurig LLP ‘An excellent intellectual property counselor, litigator and manager’
- Alan Fisch, Kaye Scholer LLP ‘A top-notch attorney and person’
- Vincent FitzPatrick, White & Case LLP ‘A leader in the field’
- Joseph Mahoney, Mayer Brown ‘A good strategist’
Firms listed in this section have been selected for their considerable expertise in the life sciences/chemical arena. Practices listed in the ‘full coverage’ table are considered equally competent in other areas beyond life sciences. The two tables should read in conjunction.
PRACTICE: ‘The IP leader’ in the pharmaceutical, biotechnology and chemical industries, according to clients, Kaye Scholer LLP’s practice has vast expertise in presenting complex patent cases to juries, employing full-time scientific advisors, former federal prosecutors and former patent examiners to reinforce the argument. The practice has 70 IP attorneys, who have ‘a unique skill to analyze a case and swiftly explain the issue, the exposure and craft future strategy and tactics’, comment clients. One client adds that ‘ Kaye Scholer LLP is highly responsive, and sensitive to our budgetary needs’.
CLIENTS: The practice has handled patent litigation matters for the following pharmaceutical companies: Pfizer, Genentech, Novartis, Sanofi-Aventis, Purdue Pharma, Wyeth and Hoffmann-La Roche.
INDIVIDUALS: Based in Washington DC, Alan Fisch ‘has a stellar reputation’, say clients. Clients add that he is ‘one of the brightest intellectual property litigators and strategists ever encountered’, and that ‘he is a top-notch attorney and person’.
Richard Greco has vast experience in complex patent litigation and has represented major pharmaceutical, chemical and biotechnology companies. Leora Ben-Ami advises clients from the medical device, biotechnology and chemical fields, and Gerald Sobel has over 30 years’ patent litigation experience. These three lawyers are based in New York.
PRACTICE: Fielding about 70 IP lawyers, Mayer Brown has experience handling patent infringement cases, as well as patent validity, inequitable conduct and antitrust violations in the US, Europe and Asia. The practice boasts ‘technically trained specialists, with a unique set of skills’, say clients, and it ‘understands the business prerogatives and is consistent with its work’.
Mayer Brown’s intellectual property attorneys are frequently hired to handle patent cases involving pharmaceuticals. Among recent suc-cesses in this field, the firm won a summary judgement for Abbott Laboratories in a patent case involving the client’s patent for a novel protein discovered by its scientists. The DC District Court decided that Abbott was the first party to discover the protein and that company’s patent was therefore valid.
CLIENTS: Solvay Pharmaceuticals, Baxter Heal-thcare and Baxter Pharmaceuticals, the University of Missouri, AstraZeneca, Schering-Plough and Unilever have all sought the practice for legal advice.
INDIVIDUALS: James Ferguson focuses his practice on intellectual property and complex commercial litigation and is described by clients as ‘an exceptional attorney and a real expert in the patent litigation field’. With a doctorate of pharmacy, Joseph Mahoney represents numerous pharmaceuticals and medical devices companies, and is regarded as a ‘good strategist’. Jamison Lynch practices in the pharmaceutical and chemical fields and is regarded for his ‘knowledge and great written work’. All the lawyers are based in Chicago.
PRACTICE: This full-service firm counts among its numbers 165 IP specialists spread across 27 offices who do ‘exceptional work’ in complex litigation matters. The practice is primarily based in New York and California, although its latest expansion came with the arrival of five new partners - three in the Washington DC office and two in Palo Alto - from McDermott Will & Emery LLP in October 2008.
With a diverse client roster, including big-name multinational clients in the pharmaceutical, medical and biochemical fields, the IP practice has fought some high-stakes patent battles in the life sciences arena. For example, the firm has been representing Pfizer in a patent infringement action against Teva Pharmaceuticals USA relating to Pfizer’s Detrol bladder treatment.
CLIENTS: Almirall, AstraZeneca, Novartis, Novo Nordisk and Pfizer are all clients.
INDIVIDUALS: Dimitrios Drivas chairs the firm’s global intellectual property practice group and has vast patent litigation experience, particularly in life sciences. Vincent FitzPatrick, Wayne Cross and Jonathan Moskin are described as ‘leaders in the field’. All the lawyers are based in New York.
PRACTICE: The intellectual property group at Greenberg Traurig LLP is ‘extremely responsive and has wonderful follow-through’, according to clients, who praise its attorneys for their ‘extensive knowledge of intellectual property law’. The practice is noted for work relating to medical devices, biotechnology and pharmaceutical fields. Headquartered in Miami, and with 200 IP attorneys, the firm has a vast geographical spread, with about 30 offices across the US.
Among recent highlights, the practice obtained an $8.2m consent judgement for plaintiff Aspex Eyewear after an IP enforcement trial and defeated the appeal by Concepts In Optics.
CLIENTS: Representatives from the life sciences field include Alcoa, Enzo Biochem, Novo Nordisk and ProPharma.
INDIVIDUALS: Clients describe New York-based Scott Bornstein as ‘an excellent intellectual property counselor, litigator and manager’. Peter Gluck in Orange County focuses his practice on patent procurement, policing and licensing issues. James Donoian and Michael Nicodema in New York and Barry Schindler in New Jersey, have substantial experience in protecting IP rights.
PRACTICE: Chicago-based Leydig, Voit & Mayer has an IP practice comprising 75 attorneys across four offices, who provide ‘top-quality work’. Patent prosecution and transactional matters form as large a part of the workload as litigation.
A diverse client portfolio encompasses a range of industries, but there is a particular focus on the chemical and biotech fields.
Among recent highlights, the practice obtained summary judgement of non-infringement for Novopharm in a lawsuit brought by Abbott Laboratories relating to a patent for a therapeutic fenofibrate composition.
CLIENTS: Clients include the National Institute of Health and Human Genome Sciences, Agros Pharma, Aetna and Teva Pharmaceuticals.
INDIVIDUALS: Clients say that Michael Hartmann ‘exudes confidence and sincerity and has a tremendous courtroom presence’. John Kozak practices in patent litigation and counseling relating to agricultural chemicals, as well as geophysical surveying and food processing equipment. Robert Green and John Kilyk are also recommended. All the lawyers are based in Chicago.
McDonnell Boehnen Hulbert & Berghoff LLP
PRACTICE: Founded over 10 years ago, intellectual property boutique McDonnell Boehnen Hulbert & Berghoff LLP counts more than 70 attorneys who are based in Chicago and Port Townsend, Washington. Drawing on the practice’s strengths in the pharmaceutical and biotechnology fields, the practice is vibrant in the patent litigation arena, handling contentious matters for companies such as Pfizer and Roche Diagnostics.
Among recent highlights, the practice defended Sanofi-Aventis in a lawsuit brought by Novo Nordisk, alleging that Sanofi’s SoloStar product infringed one or more of Novo Nordisk’s patents for an injection device. In this case, the district court of New Jersey denied the preliminary injunction because the patentee failed to show a reasonable likelihood of success on the merits.
CLIENTS: In addition to Pfizer, Roche Diagnostics and Sanofi-Aventis, the firm also represents Eli Lilly and Bristol-Myers Squibb, as well as start-up operations.
INDIVIDUALS: John McDonnell has over 30 years’ experience in the pharmaceutical and diagnostic patent fields. Bradley Hulbert, Daniel Boehnen, Paul Berghoff, Grantland Drutchas and David Harper are also recommended. All the attorneys are based in Chicago.