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Pharmaceutical
Patent protection is the foundation of pharmaceutical innovation. Without strong, effective patents, pharmaceutical companies would be unable to recoup the enormous cost of drug development and invest in important new research projects. Understandably, many leading companies in the pharmaceutical industry rely on the Intellectual Property Group to secure and enforce the patents that ensure their financial and strategic success.
We represent some of the most successful, innovative companies in the pharmaceutical industry, including Pfizer, AstraZeneca, Purdue Pharma and Aventis Pharmaceuticals. We also represent smaller, entrepreneurial companies, some of whose business models focus on a single disease or product. In recent years we have aggressively represented clients in litigation covering a wide range of pioneering pharmaceutical advances, including recombinant erythropoietin for the treatment of anemia and other disorders (Aventis), controlled-release opioids for the treatment of moderate to severe chronic pain (Purdue Pharma), and novel anesthesia compositions (AstraZeneca).
We help companies build strong patent portfolios and negotiate cross-licensing and royalty agreements to ensure the maximum return on investment. We are also intimately familiar with the ever-evolving intricacies of Hatch-Waxman and related federal legislation, as well as the sometimes conflicting requirements of patent, regulatory and antitrust law.
The leaders of the pharmaceutical field turn to the Intellectual Property Group because our attorneys bring an unmatched combination of talent, litigation experience and technical skills to bear on the unique challenges of the industry. We try more patent cases involving pharmaceutical inventions than nearly any other firm. We formulate integrated, global strategies for litigation, prosecution and licensing.
More than 12 of our partners focus their practices almost exclusively on pharmaceutical litigation. Many of our attorneys and technical advisors hold Ph.D.s in relevant areas including Pharmacology, Biochemistry, Experimental Medicine and Immunology.
Representative Experience
- In AstraZeneca v. Faulding Pharmaceuticals, we enforced our client’s patents on a novel anesthesia composition against generic infringers.
- In Amgen, Inc. v. Transkaryotic Therapies, Inc. and Hoechst Marion Roussell (now Aventis), we actively defended our clients’ innovative technology for producing recombinant human erythropoietin.
- In Forest Laboratories, Inc. v. Abbott Laboratories, the District Court found that ONY and Forest did not infringe Abbott's patents and that Abbott was barred from enforcing those patents against our clients under the doctrine of equitable estoppel. The Federal Circuit affirmed the District Court's judgment. After appeal, the District Court found the case to be "exceptional," warranting the assessment of attorneys' fees against Abbott.
- In Purdue Pharma v. Roxane Laboratories and Boehringer Ingelheim, the U.S. District Court for the Southern District of New York granted our client’s motion for a preliminary injunction against generic infringement of its patents on controlled-release oxycodene. The Federal Circuit affirmed.
©2008 Ropes & Gray LLP. All rights reserved.
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