Intellectual Property

Life Sciences

With its winning track record and a deep bench, Glaser Weil’s Life Sciences Group is strategically positioned to provide litigation services to clients in the biotechnology, medical device, and pharmaceutical sectors. With degrees in engineering disciplines as well as biochemistry, neurobiology, human and cell biology, physiology, physics, chemistry and integrative biology, we not only understand the technologies and industries of our clients, we are experienced in strategic and results-oriented life sciences litigation. Attorneys in the Life Sciences Group have successfully represented leaders in the industry, including Roche, Abbott Laboratories, Monsanto, Kaiser Permanente and Genentech, in patent infringement and other intellectual property disputes.

Representative Life Sciences Matters:

  • Won summary judgment for defendant Roche, invalidating three Stanford HIV test patents for obviousness, won the case on appeal to the Federal Circuit and before the en banc Court on rehearing, and won decisive victory in favor of Roche in the U.S. Supreme Court.
  • Won partial summary judgment for defendant Monsanto in a patent infringement case over bovine growth hormone, eliminating half of the products at issue; case settled on the eve of trial.
  • Won post-trial for defendant Abbott Laboratories in a patent infringement case lost at trial by another firm, convincing the district judge to set aside the jury’s verdict of willfulness and convincing the Federal Circuit to uphold that ruling, vacate an injunction prohibiting the sale of Abbott’s HCV genotyping products and reverse and remand the case for a new trial on an invalidity issue; settlement followed.
  • Won a defense victory for Genentech in multidistrict patent litigation over Columbia University’s recombinant DNA patent, obtaining a broad covenant not to sue on the patent at issue.
  • Achieved substantial settlement for plaintiff Sonique Surgical Systems in dispute over licensing of ultrasonic liposuction patents.
  • Represented a major pharmaceutical company in a Paragraph IV litigation under the Hatch-Waxman Act against six companies, all competing for the ability to manufacture the generic version of the client’s branded product.  Protected the client’s highly profitable revenue stream generated by the branded product and obtained a favorable settlement with all six generic manufacturers.
  • Advised a major pharmaceutical company desiring to manufacture a generic product on issues relating to the Paragraph IV letter and the timing and filing of the Abbreviated New Drug Application under the Hatch-Waxman Act.
  • Conducted confidential analysis for investment firm seeking to invest in pharmaceutical companies.  Advised on the timing and effects of revenue streams taking into account various facets including FDA approvals, the Hatch-Waxman Act, pending and possible litigations, capitalization, strength of patents and market pressures.