Industry focus: Healthcare and life sciences in Spain

Clifford Chance

Leading pharmaceutical companies turn to Clifford Chance's Spain-based team for advice and representation in complex patent litigation, M&A and sensitive regulatory matters. IP partner Miquel Montañá has established his reputation in the life sciences sector through his involvement in high-profile patent disputes over two decades of practice. Other names to note in the team include corporate and M&A partner Guillermo Guardia, Josep Montefusco, who focuses on IP and has been a partner since 2017, and public and administrative law specialist Carme Briera, who receives praise. The abovementioned lawyers are based in Barcelona and also collaborate with colleagues in the Madrid office.

Practice head(s):

Miquel Montañá; Josep Montefusco; Guillermo Guardia

Other key lawyers:

Carme Briera; Isabel Carulla; Rais Amils

Testimonials

A lot of involvement in the subject itself, desire to learn about technical matters: product, pathology, in short, wanting to deepen and understand about the matter that the process occupied and thus be able to speak properly and correctly. We especially work with Carme Briera.’

Key clients

Bayer

Novartis

GlaxosmithKline

Astrazeneca

Janssen Pharmaceutical

F. Hoffmann-La Roche

Pfizer

UCB Biopharma

Nutrition & Santé Iberia, S.L.

Bial Portela & CA

Merck Sharp & Dohme Corp.

Zoetis Services LLC

Esteve Pharmaceuticals S.A.

Genomics Health

Illumina Inc.

Edwards Lifesciences Ltd.

Work highlights

  • Represented GlaxoSmithKline in patent infringement proceedings initiated against a Spanish generic company enforcing a patent that protects an anti-inflammatory drug.
  • Advising Esteve Pharmaceuticals on the sale of its generics drugs division to the Japanese pharma company Towa Pharmaceutical for €320m.
  • Representing Daiichi Sankyo Europe and Daiichi Sankyo España in an unfair competition dispute against two Spanish companies that intended to breach the regulatory marketing exclusivity of one of Daiichi Sankyo’s products.

Faus & Moliner

Barcelona-based specialist life sciences firm Faus & Moliner balances a busy contentious and non-contentious workload. Recent work includes advising leading pharmaceutical companies on public procurement, advertising, pricing and reimbursement issues and data protection. In addition, during the Covid-19 pandemic, the team has been advising clients on novel schemes to bring medicines to the market. The dedicated and experienced team is led by founding and managing partner Jordi Faus, and includes co-founding partner Xavier Moliner and Eduard Rodellar, who specialises in clinical trials and health data protection, among other areas.

Practice head(s):

Jordi Faus

Other key lawyers:

Xavier Moliner; Eduard Rodellar; Verónica Carías; Lluís Alcover; Juan Martinez

Key clients

Advanced Accelerator Applications International

Alk-Abello

Amgen

Aspen

blue bird bio

Esteve Group

Farmafluid

Gedeon Richter

GSK

Grünenthal

Laboratorio Reig Jofré

Novartis

Otsuka

Pfizer

Pierre Fabre

Recordati

Sandoz

Swedish Orpham Biovitrum

Teva

Vertex

Work highlights

  • Provides legal advice to various clients on marketing authorisation for medicinal products, variation and withdrawal of products from the market, assessment of products by Spanish public authorities and early access (compassionate use).
  • Providing advice on the rules and procedures related to gene therapies in Spain, in particular as regards financing of new treatments, discussion of patient support programmes, and commercial conditions with hospitals and payers.
  • Assists with the drafting and negotiation of license, promotion, supply and manufacturing, co-development and other common commercial agreements in the pharmaceutical industry.

Gómez-Acebo & Pombo

Gómez-Acebo & Pombo maintains an active life sciences practice, placing a particular emphasis on research and development and innovative products; the team has experience advising clients across all phases of development and distribution. Its international client base includes companies operating in the pharmaceutical, biotech, medical devices, animal health and botany sectors. The team is jointly led by Eduardo Castillo, who brings IP and unfair competition expertise, and Irene Fernández Puyol, who advises clients on regulation pertaining to medicinal products, medical devices and healthcare services.

Practice head(s):

Eduardo Castillo; Irene Fernández Puyol

Other key lawyers:

Jesús Muñoz-Delgado; Richard Silberstein; Alex Carbonell; Iñigo Igartua

Key clients

Novartis Internacional AG

Kaneka

Ono Pharmaceutical

Catalent Pharma Solutions

Danaher Group

Eisai Co. Ltd

Eurosemillas SA

Fresenius Kabi

The Regents of the University of California (California Riverside)

Oryzon Genomics

Work highlights

  • Advised Towa Pharmaceutical Ltd. on the acquisition of 100% ownership of Pensa Investments.
  • Advised UK-based pharmaceuticals group Mundipharma in pan-European patent litigation against a number of leading global generic drug companies.
  • Advised on the private placement carried out by means of a capital increase and the exclusion of the shareholders’ pre-emptive rights, through the issuance of new shares to be subscribed by qualified investors.

Uría Menéndez

'One of the top firms in Spain in this field', the healthcare and life sciences department at Uría Menéndez handles a range of contentious and non-contentious matters, drawing on the experience of a multi-disciplinary group of lawyers. E-health is a particular area of expertise, and the team is also active in compliance issues, from internal investigations to the implementation of compliance programmes. Practice head Teresa Paz-Ares is an 'extraordinary lawyer'; she focuses her practice on M&A and corporate and commercial law. José Massaguer and Montiano Monteagudo are names to note for IP in the pharmaceutical and biotech sectors. Counsel Beatriz Cocina is another key member of the team.

Practice head(s):

Teresa Paz-Ares

Other key lawyers:

Ingrid Pi; Montiano Monteagudo; José Massaguer; Alfonso Gutiérrez; Beatriz Cocina

Testimonials

Excellent technical and legal knowledge. Great availability towards the client and clear, concise and intelligible approaches.

‘I have mainly worked with Tereza Paz-Ares, who is full of energy and passionate about her work, very prepared and understands deeply the needs of her client and waht is the output required.’

‘The Uría team dedicated to this specialty stands out for its technical capacity, refinement and approach to the client. They convey security and confidence. They offer an unbeatable degree of response and an absolute commitment to the objectives of their clients.’

‘There are high-level offices but for truly complex matters, they stand out and offer greater security. At the helm of this team, Montiano Monteagudo and Francisco Javier García, two excellent lawyers who, if that were not enough, also offer an enviable human and personal treatment.’

‘All of the lawyers we work with a have a good understanding and the right mix of legal knowledge, entrepreneurship and business understanding. They understand to advise clients of potential risks without destroying a business idea from scratch.’

‘Very knowledgeable team, they have an excellent understanding of both the life sciences industry and regulatory matters. One of the top firms in Spain in this field.’

‘Pragmatic and to-the-point, high quality advice’

‘The team led by Montiano Monteagudo is agile, pragmatic and results-oriented. They know the vicissitudes of the industry and apply their knowledge with a cost-efficient approach.’

‘Montiano Monteagudo (partner) and Francisco Javier García (main associate) are two essential figures in the square. Both treat clients with excellent professionalism, they have absolute availability and their vocation is unquestionable. As an in-house attorney, it is essential to have the feeling that outsourced matters are in good hands, and that is certainly the impression one gets when working with them.’

‘‘Teresa Paz-Ares is an extraordinary lawyer, who combines the technical solidity that characterises the Uría Menéndez law firm with excellent commercial and negotiating skills.’

‘Beatriz Cocina stands out for her technical solidity and deep knowledge of the sector.’

Key clients

Farmaindustria

Novartis

Janssen-Cilag

Sanofi Aventis

Johnson & Johnson

Procter & Gamble

Roche

Bayer

Bioibérica S.A.U.

Chiesi España, S.A.U

Lilly

Nordic Pharma

Jazz Pharmaceuticals

Pharmamar

Work highlights

  • Advising on the potential implementation of a free-price policy in Spain, including the defence of the system’s legality before competition authorities and courts.
  • Assisted in a dispute involving a complaint against a competitor’s advertising campaign and defence against the respective competitor’s claim.
  • Provides advice regarding the provision of telemedicine and e-health services to Spanish consumers.

Baker McKenzie

Leading players in the life sciences sector turn to Baker McKenzie for advice on regulation, healthcare compliance, public procurement and corporate transactions. Drawing on 25 years of experience in the industry, Madrid-based partner Cecilia Pastor heads the practice and has also led the firm's EMEA Covid-19 Taskforce. In the Barcelona office, former managing partner Montserrat Llopart brings strong expertise in regulatory and commercial matters affecting pharmaceutical companies, including clinical trials, pricing and advertising.

Practice head(s):

Montserrat Llopart; Cecilia Pastor

Other key lawyers:

Ester Navas; Elisabet Cots

Key clients

Abbott

AbbVie

Alnylam

Almirall

Astellas

Baush+Lomb

Baxter

Becton-Dickinson

Seqirus

Vifor

BMS – Celgene

Chiesi España, S.A.

Exactech

ICU Medical

ISDIN

Laboratorios Farmaceuticos Rovi

Medtronic

Menarini / Menarini Diagnostics

Merit Medical

MSD

Oryzon Genomics

Palau Pharma

Shire

Stryker

Takeda

Zimmer Biomet

Work highlights

  • Working closely with a number of high-profile clients in the healthcare sector to help and support them during the Covid-19 crisis.
  • Advising Takeda, the largest pharmaceutical company in Asia, on the post-acquisition integration aspects of its $62bn takeover of Shire plc.
  • Advised Platinum Equity on the acquisition of the LifeScan business in Spain from Johnson & Johnson.

Cuatrecasas

Among the best-known law firms in Spain, Cuatrecasas acts for a well-established client base of pharmaceutical, biotech, hospital, personal care and medical devices companies. The firm as a whole stands out for M&A, where Elena Cuatrecasas and Mariano Ucar are key names, and also balances a busy regulatory practice under the leadership of Jorge Robles. With impressive international expertise, the team is also equipped to advise clients on matters beyond Spain, including cross-border acquisitions and distribution agreements.

Practice head(s):

Elena Cuatrecasas; Mariano Ucar; Jorge Robles; Jorge Llevat; Irene Moreno

Other key lawyers:

Ariadna Casanueva; Jorge Monclús

Key clients

IPSEN

FAES FARMA

BEIERSDORF

ASCENSIA

ISDIN

CINFA

BAYER

VALL D´HEBRON INSTITUT DE RECERCA (VHIR)

WERFENLIFE

PUIG

Work highlights

  • Advised Neuraxpharm on acquiring Ansiolin (diazepam) from Almirall, and on the supply contract.
  • Advising on acquiring the Colombian pharmaceutical company BCN Medical, and a minority stake in its subsidiaries in Chile, Peru, Bolivia and Ecuador.
  • Advised Riemser Pharma on acquiring Zaltanpharma Laboratorios.

Eversheds Sutherland Nicea

Noted for its 'great experience in pharma', Eversheds Sutherland Nicea is particularly strong in patent and regulatory matters. IP and litigation expert Francisco Carrión García de Parada heads the practice and draws on longstanding expertise in the pharmaceutical, biotech and healthcare sectors. Counsel Marta González benefits from former in-house experience at GlaxoSmithKline and Celgene; she advises clients on patent and product liability disputes, and in regulatory and commercial matters.

Practice head(s):

Kiko Carrión

Other key lawyers:

Marta González

Testimonials

Great experience in pharma and a lot of availability.

Pharma know-how, personal treatment, availability of the team.

Key clients

Laboratorios Menarini

Galapagos NV

Takeda

Pfizer

Bial

Gilead

Eli Lilly

Astellas Pharma

Laboratorios Rovi

EUSA PHARMA

ZHEJIANG HISUN (HISUN)

Merck & Co and its affiliate Merck Sharp & Dohme de España

BHR Pharma

BioSim

Monsanto

Fieldfisher JAUSAS

Fieldfisher JAUSAS has longstanding experience in the healthcare and life sciences sector in Spain, having been advising clients in this area since 1965. Regulation, compliance, market access and advertising are particular areas of expertise. Practice head Héctor Jausàs has a strong reputation in the market and is the co-managing partner of Conférence Bleue, a network of independent European law firms specialising in healthcare, pharmaceutical and medical law. Senior associate Gemma Colomer is also noted.

Practice head(s):

Héctor Jausàs

Other key lawyers:

Gemma Colomer

Testimonials

The standard of quality, knowledge and effectiveness of the team is much higher than its competitors. They also have an ethical component in dealing with their clients that generates great trust, led by Héctor Jausas. The work of Gemma Colomer is also very commendable.’

‘‘High knowledge of the pharmaceutical sector. Pharma partner availability.’

‘Very experienced pharmacy department lawyers. High know-how of the sector by the partner.’

Work highlights

  • Assisted the client in the review of the agreements with sites in the whole territory of Spain to carry out both clinical trials and observational studies in accordance with applicable legislation.
  • Advised the company on the most appropriate actions to be taken regarding the changes in the price of several groups of medicinal products agreed by the Ministry of Health.
  • Assisting several clients in the context of the COVID-19 pandemic regarding the marketing of essential products to tackle the virus.

Garrigues

Garrigues is particularly prominent in high-value, large-scale M&A involving major life sciences players, and also maintains an active patent litigation practice. The team has advised on a number of innovative projects, including projects involving cloud-based medical data platforms through which patients can manage and store medical records. Internally, the firm employs a number of innovative initiatives, and has also developed an in-house ideas lab, the Garrigues Innovation Think Tank. IP expert Carolina Pina and corporate and commercial partner José Fernández-Rañada jointly lead the team.

Practice head(s):

José Fernández-Rañada; Carolina Pina

Other key lawyers:

Ferran Escayola; Rebeca Cayón

Testimonials

They are very professional and effective. In the M&A area they know the different steps and alternatives in negotiating a deal.

A lot of experience with our specific R&D field, specifically of intellectual property protection.’

Deep technical experience in the field and with IP. Patent strategy. Participation and approachability of the partner.

Ferran Escayola and Rebeca Cayon. They form a very solid team that transmits confidence.’

Key clients

Sanofi

Eisai

Roche

Centene Group

Farmaindustria

Pharma Mar

GSK (GLAXOSMITHKLINE)

BAXTER, S.L. (and subsidiaries)

ASTRAZENECA FARMACEÚTICA SPAIN, S.A.

DOMUSVI

Work highlights

  • Provides ongoing advice in very innovative projects, including a cutting-edge open data project using health data to promote research, mainly related to rare diseases.
  • Handling patent infringement proceedings on behalf of Talladium Group, a worldwide leader in the market for dental angled abutments.
  • Advised on the Riverside Company acquisition of Healthtech Bioactive.

Bird & Bird

Bird & Bird covers the full spectrum of healthcare and life sciences, counting pharmaceutical, biotech, digital health and agribusiness companies among its clients. Individual partners bring expertise in various fields of law: Coral Yáñez stands out for her public law and regulatory practice; Manuel Lobato is an expert in IP, particularly in patent litigation involving large pharmaceutical companies; and corporate partner Lourdes Ayala often advises life sciences clients on M&A and commercial matters.

Practice head(s):

Coral Yáñez; Manuel Lobato; Lourdes Ayala

Other key lawyers:

Teresa Mercadal

Key clients

Alvogen Pharma Trading Europe

Emcure Pharma UK Limited

Active Bioregeneration Technologies, S.L

AMC Fresh Group Fast Moving Consumer Goods, S.L

CANAAN RESEARCH & INVESTMENT S.L.

Chiese Farmaceutici S.P.A.

Rayner Surgical S.L.

LABORATORIOS FARMACÉUTICOS ROVI

Work highlights

  • Advising Alvogen Pharma Trading Europe in the acquisition from the generic pharma company Chemo Ibérica of a portfolio of pharmaceutical and food supplement products in Ukraine, Kazakhstan and Russia related to women’s health.
  • Advising Emcure Group, a leading Indian pharmaceutical company for injectable products, in the bidding process for the acquisition from the AMRI Group of a manufacturing plant of injectable products in León, Spain.
  • Advising Active Bioregeneration Technologies in a joint venture in relation to the investment through a Newco in the business of activated growth factors.

DLA Piper

DLA Piper has a global life sciences practice; in Spain, the team advises international pharmaceutical and medical devices companies on commercial, regulatory and data protection law. Paula González de Castejón, who benefits from experience on secondment in Pfizer and Abbott Medical, advises life sciences companies as well as IT companies looking to develop software for healthcare diagnosis or treatment. She leads the team with Diego Ramos, who has a broad IP, life sciences and technology practice.

Practice head(s):

Paula González de Castejón; Diego Ramos

Key clients

Pfizer Spain

Pfizer Inc

Abbott Medical España SA

Abbott Laboratories SA

Clínica Baviera SA

Advanced Accelerator Applications Iberica SL (Novartis Group)

Suvoda LLC

Dexcom

Incyte Corporation

Iovance Biotherapeutic

Bristol Myers Squibb

OPKO Health

Vertex Pharmaceuticals

Syneos Health

Kartos Therapeutics

AveXis

Avicanna

Work highlights

  • Advised on the legal implications from a regulatory and data protection view point of the development of a medical device (e.g. mobile diagnosis application) to detect COVID-19 in patients, discern the level of severity of the virus, and propose recommended medical treatment.
  • Provided regulatory legal advice to Advanced Accelerator Applications in order to make sure it complies with Spanish regulations.
  • Provided advice on the replacement of a medical device designed for continuous glucose monitoring (CGM) for use by people with diabetes and by healthcare providers.

DWF-RCD

Rousaud Costas Duran joined global firm DWF in December 2019; the combined firm is DWF-RCD. In the healthcare and life sciences space, the team has a broad offering and works on behalf of public research institutes and major hospitals, in addition to biotech and pharmaceutical companies. Recently, it has also advised a number of health start-ups on funding rounds. Founding partner Ignasi Costas is the practice head.

Practice head(s):

Ignasi Costas

Herbert Smith Freehills LLP

Herbert Smith Freehills LLP established a health and life sciences practice in Madrid with the hire of counsel Lourdes Fraguas in 2019; the former head of legal at Farmaindustria, and with previous experience at the European Medicines Agency (EMA), Fraguas is a name to note in the sector. Recent work includes advising on commercial and regulatory matters, and collaborating with the M&A team in corporate transactions.

Practice head(s):

Lourdes Fraguas

Testimonials

‘The recent incorporation of Lourdes Fraguas as Director of the health area makes the firm one of the best in this area. It must be considered that the expertise of its Director is one of the best that a firm can count on if we look at the brilliant professional career of Fraguas en pharma.’

Human quality, discretion and humility are personal qualities to highlight among its partners. To name a few, Lourdes Fraguas.’

Led by Lourdes Fraguas, the department provides an enormous quality in its advice.

Unquestionable experience in the sector, work capacity and leadership and empathy in customer management.’

Key clients

Astellas Pharma

Farmaindustria

Eisai Co

Hogan Lovells International LLP

The multi-disciplinary life sciences team at Hogan Lovells International LLP has experience in M&A, product liability and litigation involving healthcare and pharmaceutical companies. Ana Castedo is a name to note.

HOYNG ROKH MONEGIER

HOYNG ROKH MONEGIER is a popular choice for European IP litigation; the Spain-based team is well versed in cross-border patent disputes involving leading pharmaceutical and biotech companies. An illustrative example was its recent representation of Ceva against Bayer in a major cross-border veterinary product patent dispute; Luis Fernández-Novoa led the team. Non-contentious IP work also features in the department's workload.

Practice head(s):

Luis Fernández-Novoa

Other key lawyers:

Álvaro Velázquez; Laura Cantero

Key clients

Ceva

Ferring

Illumina

Intervet

Janssen (Johnson & Johnson)

Merck Sharp & Dohme (MSD)

Sanofi

Work highlights

  • Representing the veterinary pharma group CEVA in Spain in large-scale cross-border patent litigation (infringement and invalidity, plus preliminary relief proceedings) against BAYER relating to the latter’s patent on its iron / toltrazuril combination product for pigs and the client’s veterinary drug for piglets Forceris®.
  • Regularly advising JANSSEN in relation to the company’s patent enforcement strategy against generic drugs of its protected molecules.
  • Successful representation in unfair competition litigation against BAYER for misleading advertising in relation to a promotional campaign of a veterinary product (dog collar).

Pérez-Llorca

EU and public law expert Juan Manuel Rodríguez Cárcamo leads the healthcare and life sciences group at Pérez-Llorca, which advises on administrative and regulatory law matters as well as M&A in the sector. General Board of Official Pharmaceutical Colleges is among its important clients, and the firm's client base also includes major healthcare companies. Rafael Díaz is another key contact in the multi-disciplinary team.

Practice head(s):

Juan Manuel Rodríguez Cárcamo

Other key lawyers:

Rafael Díaz

Key clients

Advanced Accelerator Application (Novartis Group)

Aviagen, S.A.U

General Board of Official Pharmaceutical Colleges

Mercadona S.A.

HM Hospitales Group

Otsu Group

Allergan

INDAS

Johnson & Johnson

Cerner Iberia

Work highlights

  • Advising the General Board on defending the implementation of Decree 188/2018, by which pharmacy office professionals can provide assistance services.
  • Advised HM Hospitales Group on the direct acquisition (through its subsidiary Centro Médico Delfos) of 100% of the share capital of Centre Medic Sant Andreu, which owns the Sant Andreu medical centre.
  • Represented Mercadona in sanctions proceedings initiated by the government of the autonomous region of Aragon’s Department of Health concerning the the display of fish products.

Ramón y Cajal Abogados

Pharmaceutical companies and associations turn to Ramón y Cajal Abogados for regulatory and commercial advice, where they benefit from the vast experience of José Ignacio Vega, a former technical general secretary of the Ministry of Health. Norman Heckh brings his data protection expertise to the team, often advising major life sciences clients on the management of data, IT contracts and e-commerce.

Practice head(s):

José Ignacio Vega; Norman Heckh

Key clients

PersonalHealthcareAssociation (ANEFP)

Spanish Generic Medicines Association (AESEG)

Kern Pharma

Biogen

AENE (Asociación Española Nutrición Enteral)

Digital Health Ecommerce Services

Siemens Healthcare

Lamberts

Sandoz

Áboca

Stada

Bausc h&Lomb

Work highlights

  • Advised on the legal design of an online platform for the sale of medicines not subject to prescription in order to facilitate the electronic commerce of these products to authorised pharmacies in Spain.
  • Part of a working group commissioned by the main business associations of the pharmaceutical sector (AESEG, ANEFP, FARMAINDUSTRIA, ASEBIO, FENIN and AELMHU) for the elaboration of an Ethical Code of Principles and Values ​​of the Biopharmaceutical Industry.
  • Advised on the procedure to challenge the decisions of the Ministry of Health by which the prices of non prescription drugs are limited.

VC Biolaw

Specialised life sciences boutique VC Biolaw advises its clients on regulation, public contracts, tax incentives, commercial disputes and R&D projects. Its industry involvement is illustrated by its membership of AseBio (the Spanish Biotechnology Association) and Bioval (an association of biotech entities in the Valencia region). The partners also act as secretary of the board for a number of biotech companies. Maite Vázquez and Maria Pedernal are the names to note.

Practice head(s):

Maite Vázquez

Other key lawyers:

Maria Pedernal