Patterson Belknap has represented leading pharmaceutical, medical device and biotech companies for decades. Our attorneys have an exceptional understanding of our clients’ businesses and the issues the healthcare and life science industry faces. We have a proven track record of successful representation across a wide variety of litigation and commercial practices. Our industry knowledge is valuable in helping our clients achieve their business and legal goals.
Many of our attorneys have scientific and technical backgrounds and industry experience in fields such as chemistry, biochemistry, biology, biotechnology, statistics, mathematics, and electrical, chemical and nuclear engineering. These backgrounds provide us with in-depth knowledge and insights into not just what clients face today, but what they may face tomorrow.
Patterson Belknap is a leader in patent litigation and has handled “bet-the-company” patent disputes for decades. We have represented pharmaceutical and medical device clients in some of the most notable patent cases nationally. Our clients have received some of the largest U.S. settlements of patent cases ever. For instance, after a series of related trials involving a ground-breaking patent relating to coronary stents, we obtained judgments and settlements for our client totaling $3.6 billion, including one settlement of $1.725 billion.
We regularly try patent cases in federal District Courts and have argued many appeals in the Court of Appeals for the Federal Circuit. We are engaged in AIA trial proceedings before the U.S. Patent and Trademark Office. We also have tried patent cases before the International Trade Commission.
Firm attorneys have successfully represented our clients in numerous Hatch-Waxman cases and currently represent an innovator pharmaceutical company in one of the first cases under the legislation for biosimilars (BPCIA) and the first involving an antibody product.
Our patent and biotechnology attorneys author BiologicsBlog.com, which tracks and analyzes developments in intellectual property law related to biotechnology and biologic medical products as well as regulatory and legislative changes.
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Patterson Belknap’s products liability team frequently serves as national and regional litigation counsel for the nation’s largest pharmaceutical companies and medical device manufacturers, coordinating a select group of firms across the United States—all with proven defense and case-management skills.
For example, our attorneys have acted as national litigation counsel for major pharmaceutical companies in lawsuits over personal injuries alleged to have resulted from the use of dermatologic, gastrointestinal and rheumatologic prescription products, securing key wins in motions and at trial. They also acted as national litigation counsel and resolved more than 600 lawsuits alleging personal injuries from the use of a withdrawn NSAID analgesic prescription drug.
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Patterson Belknap's Anti-Counterfeiting Practice Team litigate counterfeiting and product diversion cases on behalf of major international corporations, often involving counterfeit medical devices, pharmaceuticals and other consumer products where the counterfeit has the potential to cause serious injury or death. Team attorneys have successfully sued and executed seizure orders globally against hundreds of individuals and businesses that have manufactured and distributed counterfeits. This has resulted in the seizure and destruction of millions of counterfeits and the collection of millions of dollars in settlements and judgments.
On an ongoing basis, our attorneys advise health care and life sciences clients on proactive approaches that can be implemented to prevent counterfeiting and, in the event it does occur, to discover the problem as soon as possible. We understand the critical role that the protection of intellectual property plays in the fight against counterfeiters. We work closely with our Intellectual Property Group on key issues involving patents and trademarks to ensure that our clients’ brands are appropriately secured.
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Patterson Belknap represents clients in antitrust litigation and counseling matters, including those related to pricing, marketing, distribution, franchising, and mergers and acquisitions. The firm has particular experience in antitrust litigation involving product distribution and pricing, safety codes and other standard-setting activities, and IP/antitrust issues such as alleged misuse of patents.
Among our wins, our team successfully secured the dismissal of a multi-million dollar federal antitrust lawsuit against our client, a major pharmaceutical manufacturer. The Third Circuit Court of Appeals dismissed all antitrust claims against our client on the grounds that the plaintiff did not have the antitrust injury that is necessary for antitrust standing under Sections 1 and 2 of the Sherman Act. They also defended a major pharmaceutical company against claims by generic drug manufacturers and classes of consumers alleging illegal exclusion of generic competition through abuse of patent rights.
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Our nationally recognized false advertising practice has represented both plaintiffs and defendants in many of the most notable false advertising cases throughout the nation. These include numerous false advertising class actions in which we have successfully defeated class certification. In addition to litigation, we regularly represent clients at the National Advertising Division of the Better Business Bureau (NAD), at the major television networks, and before the Federal Trade Commission. We counsel clients on advertising clearance and product labeling review, analysis of claims support and the full range of day-to-day questions that arise in the regular conduct of our clients' business.
Within the life science industry, we successfully represented a medical device company, the defendant/counterclaim-plaintiff in a false advertising case involving two major competitors in the market for surgical devices. The lawsuit, filed in federal court in California, included allegations on both sides of violations of the Lanham Act and of California state law. We also regularly represent the manufacturer of the leading non-prescription pain reliever in false advertising disputes with competitors. Over the years we have successfully prosecuted and defended numerous trials and appeals, including one that the court described as "the largest and most complex false advertising case ever tried."
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False Claims Act
Patterson Belknap’s False Claims Act (FCA) and Whistleblower Defense Team regularly defends companies facing these allegations in a variety of industries, including pharmaceutical and health care. Our team includes complex commercial litigators, former prosecutors, a former state Attorney General, employment attorneys, and corporate and securities attorneys who come together to formulate and implement comprehensive strategies to address these claims and accompanying investigations.
We secured affirmance in the U.S. Court of Appeals for the Fourth Circuit of the dismissal of a FCA complaint alleging off-label marketing by our client, a pharmaceutical manufacturer. We also represented a pharmaceutical manufacturer accused of violating the federal anti-kickback statute in a FCA case brought by the U.S. Department of Justice.
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White Collar Defense and Investigations
Patterson Belknap’s White Collar Defense and Investigations Group includes six former federal prosecutors and the former Attorney General of the State of New Jersey, all of whom have extensive trial and litigation experience. The Group represents corporations and individuals in cases involving allegations of securities fraud, health care fraud, antitrust violations, tax fraud, and violations the Foreign Corrupt Practices Act (FCPA).
The group recently represented a medical device manufacturer in connection with an investigation into alleged improprieties in the manufacture, sale and marketing of a diagnostic assay. They also represented executive officers and members of the Board of Directors of a major pharmaceutical company in connection with multiple shareholder derivative actions alleging off-label marketing, violations of the federal anti-kickback statute, violations of the FCPA, and other regulatory violations.
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Patterson Belknap's real estate attorneys advise health care clients on the negotiation of a wide variety of real estate-related contracts; the acquisition and sale of properties for development; the structuring of leases for office, industrial and retail properties nationwide; and the closing of construction, permanent and mezzanine loans. Recently, the firm represented a major New York medical center in its lease of 448,819 square feet at 150 East 42nd Street, named Manhattan's third most valuable office lease of 2014 by The Real Deal magazine.
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Patterson Belknap has provided general nationwide representation in bankruptcy proceedings and advice concerning creditors’ rights and commercial transactions for pharmaceutical and life sciences companies for decades. Representations have included the purchase of binational business and related technology and worldwide patents from sellers recently emerged from Canadian CCAA and Chapter 15 proceedings; complex loan to pharmaceutical development company secured by patents; and creditors’ rights advice regarding patent and technology licenses and counterparty financial difficulties.
Click here for more information on our Business Reorganization and Creditors' Rights practice.