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IP Litigation

Patent Litigation & Patent Prosecution

We assist life sciences clients in maximizing the value of a product or technology at every step of its life cycle. Our lawyers have, for example, worked with a large, global pharmaceutical company for more than 15 years to successfully guide its interferon products and technology through patent procurement; interference proceedings, including a related district court action; litigation against infringers; and arbitration, thereby significantly enhancing the value of those assets to the company. We provide integrated patent/FDA advice, coordinated patent/antitrust counseling, and extensive litigation representation, including comprehensive experience with Hatch-Waxman litigation, ANDA cases, and ANDA-related issues and disputes. Our multidisciplinary team litigates patents before federal district courts across the U.S., as well as in the U.S. Court of Appeals for the Federal Circuit and before the ITC. We also litigate patents in the English Patents, Intellectual Property Enterprise and appellate courts and oppositions in the European Patent Office; manage cross-border patent litigation across Europe; and participate in Japanese opposition proceedings.

With a deep technical bench, including a number of professionals with PhDs, industry experience, and longtime academic experience, our team's strong scientific and patent credentials in a broad range of relevant technologies allow us to understand our clients' technologies and businesses and to apply the right tools to meet their needs and goals.

Hatch-Waxman Litigation

Our life sciences practitioners have literally written the book on Abbreviated New Drug Application (ANDA) patent litigation. As authors of Pharmaceutical and Biotech Patent Law (Practicing Law Institute) and the ABA's Patent Litigation Strategies Handbook chapter on Hatch-Waxman litigation, Arnold & Porter's patent lawyers are at the cutting edge when it comes to litigating Hatch-Waxman suits against generic infringers and counseling on life cycle management. We have litigated some of the most significant Hatch-Waxman cases and have extensive experience in the complex interaction between patent and FDA regulatory issues. Our clients have entrusted us with the defending against generic challenges to products such as Viagra®, Celebrex®, Allegra®, Gleevec®, Diflucan®, Ampyra®, and Treanda®. In addition to trying ANDA patent cases, our team has been involved in the negotiation and drafting of many tactical settlements, and routinely advises on the antitrust issues arising from settling ANDA patent litigation between pioneer pharmaceutical manufacturers and generics.