Biotech, medical device, and pharmaceutical company pioneers are represented by Schwabe.
Overview
We advise industry leaders, research institutions, manufacturers, and entrepreneurs moving biotech, pharma, medical device, and digital health forward.
Our bench includes lawyers with advanced technical degrees providing strong representation in patent challenges, antitrust cases, non-solicit and trade secrets strategy and litigation, and more.
We collaborate with institutes and manufacturers on the front lines of research, drug and medical device technologies, and novel treatments.
And when companies are facing a product liability or mass and toxic torts lawsuit, they call on our trial lawyers who bring years of experience defending target companies.
Genius, protected and secured
Because worldwide patent protections can take years from initial application to grant, our counsel focuses on your future competitive landscape. We obtain more than 1,500 patents a year, with a focus on maximizing patent value.
Should patent infringement claims arise, our litigators have experience at the Patent Trial and Appeal Board and U.S. Court of Appeals for the Federal Circuit, as well as in patent litigation district courts across the nation.
When the stakes are high, clients turn to us to safeguard their reputations
For over 40 years, manufacturers and distributors of medical devices and pharmaceuticals have turned to Schwabe to defend them in courts throughout the U.S. We are known for defending clients in product liability, toxic tort, and other complex litigation claims.
Our lawyers have assisted with product recalls, pre-claim investigations, defense of claims in courts and arbitration, settlement negotiations, and appeals. We have extensive experience defending companies in matters of all sizes and levels of complexity, defend class action lawsuits, and serve as members of national litigation teams.
Protection for a many-faceted, fast-moving industry
The industry’s accelerated response to the recent pandemic highlights the value of how we protect intellectual property and trade secrets to help clients foster collaboration and avoid anti-competitive practices.
For a range of universities, research institutions, pharma manufacturers, academic health centers, and biotech companies, we mitigate this dynamic sector’s constant change and unpredictability with counsel on:
- Clearance opinions
- Hatch-Waxman strategies
- Infringement litigation
- Patent preparation and prosecution, U.S. and foreign
- Patent term adjustments and extensions
- IP licensing
- Inter Partes reviews and post-grant proceedings
- Non-infringement opinions
- Patentability opinions
- Privacy and data protection
- Product liability
- Regulatory compliance
- Strategic licensing and commercialization of portfolios
- Technology transfers and collaborations
- Trademarks and copyrights
Industry leadership
Key to our knowledge of dynamic medical device and pharma liability law, our attorneys participate in key national organizations including DRI | Lawyers Representing Business, the International Association of Defense Counsel, and Product Liability Advisory Counsel.
Anne Talcott, Healthcare and Life Sciences Industry Group Leader, currently serves as DRI’s President-Elect and is on the Steering Committee of DRI’s Drug and Medical Device Committee.
industry relationships
Experience
- Defended against pharmaceutical and medical device claims for over 40 years, representing manufacturers in individual cases, mass tort litigation, and class action lawsuits.
- Represent branded pharmaceutical companies in the preparation and prosecution of patent applications in the US and abroad directed to biopharmaceutical products including antibodies, bispecific and multispecific antigen-binding molecules, fusion proteins, chimeric antigen receptors, and AAVs, as well as formulations, and purification and characterization processes and assays.
- Represent a research institution in the preparation and prosecution of patent applications directed to medical devices, diagnostics, therapeutics, drug delivery, and imaging.
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Defended a medical device developer in multibillion-dollar infringement lawsuits. The favorable outcome included “exceptional case” determination and fee awards for our clients.
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Defended a global pharmaceutical manufacturer against product defect claims based upon novel “innovator liability” theory.
- Represent research institutions, major universities, and medical schools in the preparation and prosecution of patent applications involving technologies ranging from medical devices to diagnostics/assays to treatments to biochemical and pharmaceutical innovations.
- Successfully defended a closely held company before the Oregon District Court in a patent infringement suit launched by a global medical device company, obtaining the reversal of an $85 million jury verdict against our client.
- Representing medical device manufacturer in competitor patent litigation involving partially implantable continuous glucose monitoring (CGM) sensor system for diabetes patients.
- Represented medical device manufacturer in multiple competitor patent litigations regarding transducers, medical monitor design, and intravascular guide wire design.
- Led the defense of a large generic pharmaceutical company in multiple patent suits brought by owners of branded pharmaceutical products under the Hatch-Waxman Act.
- Obtained summary judgment of non-infringement for a large medical device company accused of infringing patents directed to a genetically modified reverse transcriptase.
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