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Life Sciences Patent Litigation

Cahill’s life sciences patent litigation team brings decades of experience resolving high-stakes disputes in complex and innovative technologies across the pharmaceutical, biotechnology and medical device space. Cahill’s patent litigation attorneys provide counsel to the full range of life sciences companies – from emerging companies to the sector’s leaders – as they navigate the broad range of legal challenges inherent to the industry. Our innovator-side, pharmaceutical and biotechnology trial attorneys, themselves armed with scientific degrees, successfully guide clients through pre-approval diligence and a broad range of litigation, whether in federal court or Patent Trial and Appeal Board (“PTAB”) matters. Our deep litigation experience and intimate understanding of emerging trends regularly earns our client victories in disputes ranging from Hatch-Waxman (“ANDA”) litigations to biologics versus biosimilars (“BPCIA”).

No matter the venue or dispute, Cahill’s team works hand-in-hand with company experts and inventors to craft the strongest possible legal positions backed by solid science – always with an eye toward delivering resolutions that meet the client’s commercial goals.

Pre-Litigation Strategies

Cahill helps pharmaceutical companies protect their most important IP assets and defend potential exclusivities, recognizing the possibility of future litigation concerning these foundational matters. Working seamlessly with our clients, Cahill explores business and strategic objectives across the entire product portfolio, spanning in-development products and those already in the market. Cahill’s comprehensive services include technical analysis of patents and file histories, identifying potential documents for litigation, establishing key issues, retaining experts, mapping out potential litigation positions and strategies, and designing engagement and communications strategies concerning IP matters for key stakeholders, including investors and markets. Throughout this process, Cahill works directly with inventors and key R&D and business personnel.

Litigation: Federal Court, Patent Trial and Appeal Board

Cahill’s litigation team offers clients a proven track record on matters involving complex technologies including innovative pharmaceutical formulations, monoclonal antibodies, and mRNA vaccines, across key jurisdictions including district courts, the Patent Trial and Appeal Board, the US International Trade Commission, the Federal Circuit, the US Supreme Court, and in international arbitration forums. Cahill’s litigation attorneys also offer unmatched experience in Hatch-Waxman matters and in cases involving biologics versus biosimilars. Our close study of emerging trends, our deep experience and our commitment to working alongside experts and inventors as we develop legal strategies, allows the Cahill team to transform complex scientific concepts into understandable narratives that persuade judges and jurors – allowing our clients to do the important work of saving lives through their innovations.

Visit Cahill’s corporate law life sciences and intellectual property pages to learn more about our work across strategy and licensing; research, development and commercialization collaborations; financings; mergers and acquisitions; corporate governance; and corporate investigations.