O’Melveny’s life sciences team understands the challenges faced by pharmaceutical, medical device, and diagnostics companies, both large and small. It’s a team that understands your science, and understands your business. That’s because our experience goes well beyond law.
Our ranks include former scientists with advanced degrees in chemistry and biology, former life-science industry regulators with the “insider perspective” to deftly steer clients through related governmental inquiries, and boardroom-level counselors with strong ties to the entrepreneurs, scientists, and venture capital firms that drive innovation in the life sciences sector.
Our team has members on the ground in key scientific and commercial centers around the world, including in New York/New Jersey’s pharmaceutical corridor, China’s burgeoning biotechnology market, and in San Francisco, the Silicon Valley, and Newport Beach, servicing California’s northern and southern biotechnology hubs. Immersed in the industry, we have the global reach to support our clients in their efforts to expand and exploit opportunities on a global level, and the familiarity with local players and practices to ensure the success of local and cross-border undertakings.
- Our life sciences litigators have handled dozens of high-stakes, multi-venued, life sciences litigations, including technically complex patent, Hatch-Waxman, biologics, medical device and other patent litigation, product liability suits and class actions, litigation brought by state Attorneys General, and pivotal labor and trade secret matters. Working side-by-side with our life sciences litigators, our nationally renowned appellate lawyers ensure cases are best positioned on appeal at the onset of litigation.
- O’Melveny’s white collar lawyers, including many former federal prosecutors, work closely with our life sciences litigators to handle high-stakes government investigations and sensitive internal investigations.
- Veteran regulatory lawyers—many with former government agency experience—offer critical guidance during investigations and deep insight on compliance issues, both domestic and foreign.
- Our corporate team provides seasoned, sophisticated counseling on governance matters, strategic transactions, and capital-raising transactions.
Allergan, Inc.O’Melveny prevailed at trial on behalf of Allergan in a trade secrets case, securing a rare “head start” injunction. Read
Amylin Pharmaceuticals LLCO’Melveny won summary judgment on preemption grounds in multidistrict litigation and a California coordinated proceeding involving cases accusing Amylin of failing to warn that its Type 2 diabetes drug allegedly causes pancreatic cancer. Read
Anti Wrinkle Products LitigationIn January 2013, O’Melveny obtained a victory in the Central District of California when the court rejected the plaintiff’s class certification motion in its entirety. Read
BGI ShenzhenA multi-office, multi-practice O’Melveny team represented BGI Shenzhen, a China based genomic research and sequencing company, in its US$117.6 million acquisition of Complete Genomics and its successful defense of the transaction against a hostile competing bid. Read
Biotechnology Industry OrganizationO’Melveny represented BIO, the largest biotechnology trade organization, in its amicus curiae briefing to the Federal Circuit in Amgen v. Sandoz, a critical case of first impression for the interpretation of the relevant provisions of the new biosimilars statute, the Biologics Price Competition and Innovation Act. Read
Case Study: Akeso BiopharmaO’Melveny advised Akeso Biopharma, a leading Chinese clinical-state biopharmaceutical company specializing in oncology and immunology therapies, in its listing and IPO on the Hong Kong Stock Exchange. Read
Case Study: Johnson & JohnsonIn what The New York Times calls “one of the most complicated and gargantuan legal battles in American history,” O’Melveny is lead litigation counsel for Johnson & Johnson and subsidiary Janssen Pharmaceuticals as the companies confront thousands of claims seeking to hold them liable for the country’s opioid-abuse epidemic. Read
Case Study: Underwriters of Thermo Fisher Scientific OfferingO’Melveny represented Goldman Sachs & Co. LLC, as representative of the underwriters, in a registered public offering by Thermo Fisher Scientific Inc. of approximately US$1.7 billion of its common stock. Read
Cell Therapeutics, Inc.O’Melveny advised long time client Cell Therapeutics, Inc. (CTI) in its exclusive worldwide licensing agreement with Baxter International Inc. to develop and commercialize pacritinib, a novel investigational inhibitor with activity against genetic mutations linked to myelofibrosis, leukemia, and certain solid tumors. Read
China Kanghui HoldingsO’Melveny served as counsel in the largest purchase on record of a Chinese medical device company. Read
Expiration Date LitigationIn July 2013, O’Melveny obtained an important appellate ruling on federal jurisdiction under the Class Action Fairness Act (CAFA). Read
Former Masimo Executive
After more than a year of investigation by the FDA and the US Attorney’s Office for the Central District of California, O’Melveny secured a declination on behalf of a former Masimo executive regarding alleged criminal violations of the federal Food, Drug, and Cosmetic Act related to the sale and marketing of medical devices designed and manufactured by Masimo.Read
LifeTech Scientific CorporationO’Melveny represented LifeTech Scientific Corporation, a China based maker of cardiovascular medical devices, in its US$281 million acquisition by Medtronic, Inc. Read
Major Pharmaceutical CompanyO’Melveny obtained several important rulings defending claims brought against a Fortune 50 pharmaceutical company involving its sunscreen products, opioid painkillers, and pelvic mesh devices. Read
Piper Jaffray / ArthroCareO’Melveny represented Piper Jaffray as financial advisor to ArthroCare Corp. in its US$1.7 billion acquisition by Smith & Nephew plc.—a deal shortlisted for The M&A Advisor’s 2014 Healthcare/Life Sciences Deal of the Year Award. Read
Shanghai Haohai Biological Technology Co., Ltd.O’Melveny represented Haohai Biological on its US$302 million IPO on the Hong Kong Stock Exchange. Haohai Biological is the leading company in China focusing on the research and development, manufacturing, and sales of absorbable biomedical materials. Read
ShangPharma CorporationO’Melveny advised the independent committee of the board of directors of ShangPharma Corporation, a leading China based biotech services provider, in a US$173 million acquisition sponsored by TPG Capital. Read
Sinocare, IncO’Melveny represented Sinocare, a Chinese-listed blood glucose monitoring systems company, in its US$273 million acquisition of Florida-based Nipro Diagnostics, Inc. from Japan’s Nipro Corporation. Read
Watson Pharmaceuticals Inc.O’Melveny won dismissal twice in the span of four months of a securities class action brought against Watson Pharmaceuticals Inc. in the US District Court of New Jersey. Read
WuXi PharmaTechO’Melveny represented NYSE-listed WuXi PharmaTech (Cayman) Inc., a leading technology company serving the pharmaceutical, biotechnology, and medical device industries in the US and China, in its merger with a group of private equity investors and the company’s founders in a going-private transaction valued at US$3.3 billion. Read
- Allergan, Inc.
- Amylin Pharmaceuticals
- BGI Shenzhen
- Cell Therapeutics, Inc.
- China Kanghui Holdings
- LifeTech Scientific Corporation
- ShangPharma Corporation
- Watson Pharmaceuticals Inc.
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