Intellectual Property: Life Sciences
O’Melveny represents companies that invent life-saving drugs and devices to ensure that they—and patients everywhere—reap the rewards of their innovation.
O’Melveny represents companies that invent life-saving drugs and devices to ensure that they—and patients everywhere—reap the rewards of their innovation.
As litigators and scientists our life sciences patent lawyers know the industry, the technology, and the law.
O’Melveny is home to some of the nation’s preeminent Hatch-Waxman practitioners. Led by an LMG Life Sciences “Litigator of the Year” in the Hatch-Waxman (Branded) category and one of the “Top 250 Women in IP” according to Managing IP, our team—which includes an MD and several PhDs—has been applauded for its legal prowess, diversity, and client service.
We are also leaders in the world of biologics and biosimilars. We were among the first firms to advise clients on the Biologic Price Competition and Innovation Act, and the largest international biotechnology trade organization turned to O’Melveny to submit amicus briefs in cases of first impression involving that law.
We similarly represent makers of medical devices, diagnostics, and other medical technology in enforcing and defending patent rights. Led by a first-chair trial lawyer with an advanced degree in physiology and biophysics, our team guides clients through US District Court, US International Trade Commission, and USPTO litigation, as well as private arbitration.
And we have played a leading role in some of the most consequential trade-secrets matters in the life sciences industry, including helping negotiate a US$22.5 million settlement for Agilent Technologies in a trade-secrets matter involving DNA printing.
Prevailed at trial and secured a $39M jury verdict enforcing a patent covering the eyelash growth drug, Latisse®.
Brought Hatch-Waxman cases to enforce patents covering Corlanor®, a prescription medicine used for the symptomatic management of stable heart-related chest pain and heart failure; we negotiated favorable settlements with all seven generic defendants, including consent judgments in our clients’ favor.
Brought four waves of Hatch-Waxman litigation involving AstraZeneca’s breast cancer treatment Faslodex®. Several matters resolved just prior to or during trial. We also defeated seven IPRs, and managed the company’s worldwide patent litigation on the product.
Won at trial in Hatch-Waxman patent infringement litigation involving Onyx’s multiple myeloma cancer drug Kyprolis® — all Onyx patent claims found valid and infringed; affirmed on appeal.
Brought Hatch-Waxman cases to enforce patents relating to our clients’ blockbuster, multi-billion dollar a year drugs for the treatment of HIV, Tivicay® and Triumeq®. We prevailed on claim construction before the cases successfully settled.
O’Melveny “is known for its broad portfolio of work ... with a presence in multiple pharmaceutical development markets.”
—The Legal 500 US
“Admired for its dynamism in intellectual property, O’Melveny & Myers vigorously represents top innovators in urgent patent litigations threatening their core technologies and business and is consistently successful in doing so. Life sciences companies make a beeline for the outfit…”
—IAM Patent 1000
Lisa Pensabene: “Hatch-Waxman Litigator of the Year-Branded”
—LMG Life Sciences (2020)