Cravath, Swaine & Moore LLP has been known as one of the world’s preeminent law firms for over two centuries. Each of its practices is highly regarded and its lawyers are recognized for their commitment to the representation of their clients’ interests in the United States and internationally. Cravath represents a full spectrum of companies, from biotechnology startups to established healthcare and life sciences companies, on a variety of corporate and litigation matters. We have played a leading role in critical and complex transactions and cases that have defined the life sciences industry, including handling one of the first suits to proceed under the Biologics Price Competition and Innovation Act, in which we represented Amgen in a lawsuit arising from its anticipated introduction of the first biosimilar to AbbVie’s biologic drug, Humira®.
The Firm represents pharmaceutical, biotechnology, healthcare services and medical device companies in significant intellectual property and antitrust litigation; complex shareholder derivative and securities suits; breach of contract and licensing disputes; and arbitrations. We also handle government and internal investigations; regulatory enforcement; and compliance matters for life sciences clients, as well as regulatory clearance and antitrust advice relating to mergers and acquisitions.
On the corporate side, we advise life sciences companies and their boards of directors in connection with transactions ranging from complex collaboration agreements to a wide variety of acquisitions and divestitures of companies and businesses. Clients also rely on our financing expertise as well as our experience in navigating risks and strategies related to environmental, social and governance (“ESG”) issues.
Intellectual property issues are critical for many of our clients in the life sciences sector. We have significant expertise across a broad range of intellectual property issues including strategic counseling, review and analysis in developing and optimizing intellectual property rights, patents, licensing and portfolio development and exploitation.
Cravath’s clients in this area have included: Abiomed, Actelion, Akorn, Alcon, Amgen, Chemed, CRISPR Therapeutics, Illumina, Insys Therapeutics, IsoPlexis, Medinol, Merck & Co., Novartis, OrbusNeich, RedHill Biopharma, Roivant Sciences, Thermo Fisher Scientific, Vaxxinity, Viatris and Vitaworks.
2021 LMG Life Sciences Stars: • Evan R. Chesler • Keith R. Hummel • David J. Kappos
Grüneberg and Myers turned the traditional law firm model on its head, to set a new standard for in-depth, personalized, cost-efficient patent counsel. Now in operation for over three years, the firm has grown into an all-star team, led by three partners with substantial experience in patent prosecution, appeals, litigation, post-grant proceedings, and counseling.
The firm is 100% women- and ethnic minority-owned, and includes diverse representation at all levels. Varied backgrounds strengthen the firm and provide wide-ranging perspectives.
Cost-Efficient High Quality
In an ever-changing market, Grüneberg and Myers offers cost savings for patent legal budgets. Because adaptations to modern business practices are difficult for traditional IP firms, Grüneberg and Myers started in 2017 to clean the slate and begin anew. With innovative office concepts and modern, high-tech law practice management systems, the firm reduced overhead, bringing prices to a very competitive level. Constantly-updated, state-of-the-art file and docket management software provide robust cybersecurity and increased efficiency, within a reasonable technology budget. A modern office concept encourages collaboration between team members.
The firm’s price-competitive and technically-savvy nature has enabled seamless adaptation and continued growth, even during the COVID-19 pandemic.
At the same time, the firm maintained high quality by recruiting experienced attorneys and staff. The firm itself was listed as a recommended patent prosecution firm in the Washington, DC area in IAM Patent 1000 after just a few years in business. Publications have also ranked some of the firm’s individual attorneys in LMG Life Sciences’ Life Sciences Stars, the IAM Strategy 300, the IAM Patent 1000, Managing IP’s IP Stars, and Thomson Reuters’s Super Lawyers. The team includes graduates from prestigious universities such as Cornell, Duke, Penn State, Johns Hopkins, George Mason University, and George Washington University, as well as a Lynen fellow of the Alexander von Humboldt Foundation. Team members have previously worked at the International Trade Commission, the Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office, in-house positions, large general-practice firms, and IP boutiques.
The professionals include native German, Japanese and Korean speakers.
Experienced staff support the firm’s attorneys. While the firm itself started in 2017, the firm’s staff leadership has worked in managerial and supervisory roles in larger, high-volume patent prosecution firms and in-house at large companies, thus carrying forward decades of institutional knowledge in an innovative, efficient environment.
Life Sciences IP Strategy
Global pharmaceutical and life sciences companies trust Grüneberg and Myers with high-value, strategically-important intellectual property decisions. The firm has guided clients to optimal outcomes with Hatch-Waxman exclusivity, Patent Term Extension, Orange Book listings, Biologics Price Competition and Innovation Act strategy, and patent subject matter eligibility for diagnostics. Life sciences and pharmaceutical companies have relied on the firm’s life sciences expertise to provide counsel on licensing and post-grant matters with hundreds of millions of dollars or more at stake.
The attorneys at Grüneberg and Myers prepare and prosecute U.S. and international patent applications with skill and experience. Using the full menu of options available at the USPTO, including Examiner interviews, pilot programs, and accelerated examination, Grüneberg and Myers pursues optimized, strong patent protection for its clients. The firm prides itself on detailed analysis of office actions and other requirements with fast turnaround, avoiding the need for extensions and facilitating greater familiarity with cases, both for applicants and Examiners.
The firm also coordinates global patent prosecution and portfolio management. Often traveling and maintaining relationships with patent procurement firms globally, the attorneys at Grüneberg and Myers consolidate patent strategies and take the work off of in-house counsel.
With its low-overhead model, Grüneberg and Myers can prosecute applications within competitive alternative fee structures.
Post-Grant Proceedings, PTAB Appeals, Counseling, and Freedom-to-Operate
The attorneys at Grüneberg and Myers have years of experience with counseling, freedom-to-operate, PTAB appeals, and post-grant matters. In addition, the attorneys at Grüneberg and Myers have performed large product IP-clearance projects, and have helped clients to navigate complex strategies in patent subject matter eligibility. The attorneys of the firm have also achieved substantial positive outcomes for clients in reexamination and in inter partes review.
When in-house counsel needs to operate on a budget, the firm can provide predictable costs.
Large, global corporations, including Fortune 50 companies and Fortune Global 200 companies trust Grüneberg and Myers with important roles in building and maintaining patent portfolios and in operating in competitive IP environments. The firm serves major companies in Europe, Asia, and the Americas, supporting in-house counsel in biotechnology, chemical, pharmaceutical, medical devices, AI and machine learning, electronics, and tools and machinery industries.
Clients have expressed a high level of satisfaction with the firm’s procedural and substantive handling of their patent matters, as well as with the firm’s flexibility to offer competitive pricing.
As a preeminent boutique IP law firm, Green Griffith focuses on pharmaceuticals, chemistry and biotechnology — and specializes in litigation. Their attorneys share decades of experience partnering with both brand and generic companies to navigate the most complex IP and related FDA issues, including the Hatch-Waxman Act.
IP Litigation Specialists Acknowledged leaders in the field, Green Griffith helps clients build and execute targeted, timely and cost-effective IP strategies from project initiation through litigation, with an eye toward securing market position and overcoming obstacles to new product entry. Their range of services includes counseling regarding strategic formulation, portfolio and due diligence, as well as handling all stages of trial and appeals concerning IP and related FDA issues affecting 505(b)(1), 505(b)(2) and ANDA applications, as well as the BPCIA and biologics, and their related drug products and therapies.
Each of their attorneys have extensive scientific backgrounds — many with Ph.D.s — that permit exploration of technical solutions at a deep level. This expertise, coupled with their unparalleled experience litigating at the PTO and in the federal courts, positions them to craft and execute the best strategy to attain clients’ goals.
Their extensive experience, technical expertise, big picture vision and integrated strategy consistently produce favorable outcomes for companies developing, protecting and commercializing their products, processes and therapies.
Williams & Connolly has a long-standing reputation as one of the nation’s premier litigation firms, with a cadre of top-tier trial lawyers. The firm is regularly recognized as a leader in lifesciences, intellectual property, and products liability by Managing IP, LMG Life Sciences, and Chambers USA, among others. Recent recognitions include The National Law Journal’s 2017 “Washington Litigation Department of the Year” for Products Liability, and one of the top four patent litigation practices nationally for 2017 by IAM Patent 1000 - The World’s Leading Patent Practitioners.
Patent litigation and licensing disputes. Williams & Connolly is the “go-to” intellectual property litigation firm for many of the biggest companies and most important cases. The patent litigation group marries the experience of seasoned firstchair trial lawyers with that of a team of scientifically trained lawyers, including ten former Federal Circuit clerks and thirteen members of the patent bar. Their collective strength is in mastering the technical and scientific issues raised by patent disputes, providing a nuanced understanding of the relevant legal issues, and describing them in ways that both judges and juries easily can understand.
Williams & Connolly represents both U.S. and international market leaders, large and small, in a wide range of sectors for which patent litigation is a critical and essential component of the company’s asset-protection strategy. In the pharmaceutical and biotech sectors companies such as Pfizer, Eli Lilly, Genentech/Roche, AstraZeneca, and its division MedImmune, Bayer, and Novartis and its division Alcon entrust critical patent litigation to the firm.
The firm has represented both patentees and alleged infringers in litigation and post-grant review proceedings spanning a wide range of technologies, including pharmaceuticals, medical devices, biotechnology, electronics, and software. Williams & Connolly’s patent lawyers are outside counsel of choice for many leading corporations in the life sciences arena in matters including:
• Hatch-Waxman pharmaceutical litigation against generic companies • Wide-ranging patent, licensing, and trade secret litigation for biotechnology companies
• Patent and licensing disputes on behalf of medical device manufacturers • Representing petitioners and patent owners in inter partes review proceedings • Representing major law firms in professional responsibility claims of malpractice rising from their patent litigation or prosecution work
Recent practice highlights include: • Successful representation of Pfizer and several of its subsidiaries at trial and on appeal against a generic manufacturer attempting to sell a version of a Pfizer anticancer drug. • Successful representation as lead counsel for Bayer in several Hatch-Waxman cases relating to Bayer’s erectile dysfunction drug products
Levitra® and Staxyn®. • Successful defense of Eli Lilly in two bench trials over the validity and infringement of a Lilly patent protecting its blockbuster anticancer drug Alimta®, which has annual U.S. sales of over $1 billion. • Successful representation of Mirowski Family Ventures in a jury trial that returned a $309 million verdict against Boston Scientific Corporation for breach of contract and patent licensing issues related to its implantable cardioverter defibrillator and won on appeal.
Williams & Connolly is also a recognized force in the products liability arena, and is home to some of the most successful products trial lawyers in the country. The team has extensive experience representing pharmaceutical and medical device makers and distributors in all aspects of national and international litigation as lead trial counsel, national or global coordinating counsel, “endgame”/resolution counsel, and appellate counsel. With several dozen attorneys who spend more than half their time on products litigation, the firm regularly represents many of the world’s leading companies in highstakes litigation in the U.S., Europe, Africa and Asia.
Recent practice highlights include: • Representation of Bayer, Genentech, Stryker, Pfizer, Merck, AstraZeneca, Medtronic, and Endo Pharmaceuticals in products litigation • Several recent trial victories for life sciences clients, including jury trial wins for Alcon and for Pfizer/Wyeth • Several recent appellate victories on the issue of “innovator liability” • Multiple defeats of class certification
• Serving as lead national counsel in diabetes products litigation, national counsel on Viagra- melanoma litigation, resolution counsel on two major litigations (each involving thousands of cases), and trial counsel in multiple drug and device litigations
Williams & Connolly lawyers handle virtually every kind of complex commercial litigation imaginable for businesses in the life sciences, pharmaceutical and healthcare industries, with a particular emphasis on preparing and taking cases to trial.
Recent practice highlights include: • Defended Alcon Research against $400+ million in contract and trade secret claims: 2017 jury trial defense verdict on contract claims, and defense summary judgment on trade secret claims. • Represented Pfizer in $100+ million commercial dispute: 2017 arbitration award on all claims before the AAA’s International Centre for Dispute Resolution (ICDR). • Representation of Eli Lilly, Cardinal Health, Pfizer, AstraZeneca, Omnicare, and Bristol- Myers Squibb in a range of complex cases.
Antitrust, white collar and government investigations
Life sciences clients, including those in the pharmaceutical and other healthcare sectors, also look to Williams & Connolly in the face of significant and complex antitrust, white collar and government investigation matters.
Recent practice highlights include: • Representation of many significant life sciences and healthcare companies navigating government investigations including Pfizer, Wyeth, CVS Health, Medco Health Solutions, Express Scripts, Cardinal Health, Emerge Medical, Liberty Health Care, Omnicare, and Sunrise Senior Living. • Successfully defending AstraZeneca in landmark antitrust litigation seeking $60 billion in alleged damages.