Life Sciences and Biotechnology

Duane Morris attorneys understand the issues that innovators in the life sciences industry face from every angle: from the science and technology, to the business realities, to potential legal challenges. We know because we have been there. Many of our life science attorneys have been in-house counsel at life sciences companies and/or have worked as scientists in research laboratories. Our lawyers have decades of experience guiding life sciences clients from startups to publicly traded companies, as well as academic and research institutions, working in a broad range of technologies, including pharmaceuticals, biotechnology, medical devices and diagnostics at all stages of the product life cycle, from discovery through clinical development and commercialization.

The Duane Morris Life Sciences practice group and its individual attorneys have received numerous accolades, including being named one of the top global legal advisors for biotechnology and pharmaceutical licensing transactions, being recognized as one of the most prominent Intellectual Property practices in the United States and winning statewide and international client service awards.

Corporate Startups and Financing Transactions

Attorneys in Duane Morris' Life Sciences practice group have been involved in the initial formation of some of the most successful companies in the life sciences industry and have assisted dozens of companies raise an aggregate of over $500 million in private transactions, including from angel investors, venture capital funds, corporate venture arms, and public offerings. Duane Morris welcomes representation of early-stage companies and frequently partners with them by extending substantial fee-deferral arrangements to foster innovation and support promising entrepreneurs. Duane Morris also works tirelessly to introduce our early-stage clients and entrepreneurs to prospective investors and strategic partners through our vast network of connections and a variety of programs and events.

Representative Matters

  • Represented Aclaris Therapeutics, Inc., a specialty pharmaceutical company with a focus on the development of novel topical dermatological therapies, in connection with the sale of $21.3 million of Series B Preferred Stock. Investors included Vivo Ventures, Beacon Bioventures and Sofinnova Venture.
  • Represented Marinus Pharmaceuticals, Inc., a biopharmaceutical company developing neuropsychiatric therapeutics, in its $46 million initial public offering of common stock, and transitioning from a venture-financed company to a public company.
  • Represented Enumeral Biomedical Corp. in closing an alternative public offering, allowing the company to raise $21.5 million in a private placement financing in connection with a reverse merger into a publicly held company.

Collaborations and Licensing

Our Life Sciences practice group has extensive experience in representing life science companies and academic institutions with critical partnering, licensing, joint venture and other collaboration transactions. For example, Duane Morris has been recognized as one of the top legal advisors worldwide in biotechnology and pharmaceutical licensing deals.

Representative Matters

  • Represented Aurigene Discovery Technologies Limited in its collaboration, license and option agreement with Curis, Inc. for immuno-oncology and selected precision oncology targets.
  • Represented Annellotech, Inc. in negotiations with IFP Energies nouvelles (IFPEN) and its subsidiary Axens on a strategic alliance to develop and commercialize a new technology for the low cost production of bio-based benzene, toluene and paraxylene using Anellotech's process of Catalytic Fast Pyrolysis (CFP) of non-food biomass.
  • Represented Soligenix, Inc. in its collaboration with SciClone Pharmaceuticals to develop and commercialize in China SGX942, an innate defense regulator, for the treatment of oral mucositis.

Mergers and Acquisitions

Duane Morris has represented life sciences industry companies in mergers and acquisitions and related aspects of M&A. Corporate attorneys throughout Duane Morris are experienced in developing and implementing creative strategies to help maximize value and position emerging and mid-market life sciences companies as advantageously as possible to meet their immediate needs and long-term business goals.

Representative Matters

  • Represented biopharmaceutical company Ception Therapeutics, Inc. in its acquisition by Cephalon, Inc. for $250 million and up to $500 million in milestone payments.
  • Represented Quest Diagnostics in the sale to Royalty Pharma of royalty rights from commercialization of the drug candidate Ibrutinib for $485 million.
  • Represented Orthovita, Inc. in its agreement to be acquired by Stryker Corp. for $316 million.

Patent Prosecution and Maintenance and IP Due Diligence

The Intellectual Property practice at Duane Morris is recognized as one of the most prominent IP practices in the United States by national publications such as U.S. News & World Report and IP Law360. Duane Morris' IP attorneys provide counsel on the most effective methods of establishing and developing IP holdings. Our attorneys understand that a thorough and accurate IP asset due diligence review is essential to help companies protect their IP rights and realize the most value from their assets. Duane Morris' due diligence can help reduce risk and identify opportunities for our life sciences clients.

Representative Matters

  • Advised Quest Diagnostics on patent, licensing and IP litigation due diligence issues in connection with Quest's acquisition of Athena Diagnostics from Thermo Fisher Scientific for $740 million.
  • Advised Quest Diagnostics on IP litigation due diligence issues in connection with Quest's definitive merger agreement with Celera Corporation.
  • Prosecuted U.S. Patent No. 8,523,870, pertaining to an adjustable femoral resection guide, on behalf of Wright Medical Technology, Inc.

Regulatory and Compliance

We regularly represent our clients' interests before government agencies such as FDA, DEA, CMS and the FTC. Depending on where a client stands in its lifecycle, we counsel on regulatory strategies, assist with clinical study issues and advise on marketing submissions issues. For firms with marketed products, we help ensure compliance with the myriad of regulatory requirements impacting operations and marketing, including review of marketing materials (real and virtual) and responding to agency enforcement actions ranging from Warning Letters to criminal prosecutions. For all clients, we also engage in training and procedures development to enhance regulatory compliance and reduce the potential for adverse agency actions.

Representative Matters

  • Counsel to executives at a biotechnology company in investigation of Food & Drug Act violations by the Department of Justice and Veterans Administration.
  • Represented a healthcare technology company in providing FDA, privacy and security compliance support for a mobile health application targeted at cardiac conditions.
  • Represented dietary supplement manufacturer in negotiation of consent decree with FDA following alleged repeated violations of good manufacturing practices.

Litigation

Life sciences clients draw on Duane Morris' trial teams to defend them against patent infringement and products liability claims. Our lawyers provide clients with counsel experienced in patent infringement, products liability and toxic tort law, including the use of class actions in mass tort litigation, and problems arising from the acquisition of another company.

Representative Matters

  • Representing Morton Grove Pharmaceuticals Inc. and Wockhardt USA LLC in a request to the U.S. Supreme Court to review a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law.
  • Stillman v. Novartis Consumer Health Inc. - Represented defendants CVS Pharmacy Inc. and Walgreen Company in a patent infringement suit related to a generic product.
  • Obtained a $65 million plus settlement on behalf of Tekmira Pharmaceuticals Corp. from Alnylam Pharmaceuticals Inc. and AlCana Technologies, Inc. in connection with alleged misappropriation of Tekmira's trade secrets related to gene-silencing therapeutics.

Clinical Trials, Manufacturing, Distribution and Other Life Sciences Agreements

Duane Morris' Life Sciences practice group has significant experience in drafting, negotiating and advising clients in connection with a variety of agreements and other documentation relating to U.S. and pre-clinical and sponsored research, global clinical trials, manufacturing activities, distribution arrangements and various other matters unique to the life sciences industry.

Trademarks, Copyrights, Trade Secrets and Unfair Competition

Duane Morris has been repeatedly ranked among the top trademark filing law firms by Managing IP and IP Law360. Our IP lawyers work with life sciences clients, filing and maintaining applications to register trademarks, current trademark registrations and copyrights each year in the U.S. and throughout the world. We also handle an array of disputes related to trademarks, copyrights, trade secrets and unfair competition claims.

International Trade, Customs and Taxation


Life sciences companies engaged in the import or export of goods face numerous regulatory issues and Duane Morris routinely assist clients regarding presentations to U.S. Customs relating to royalty and license agreements and dutiable value of goods; transfer pricing; tariff classification of products; country of origin issues; and interdiction of unauthorized shipments of products produced in non-FDA-certified foreign facilities.

Representative Matters

Representing Morton Grove Pharmaceuticals Inc. and Wockhardt USA LLC in a request to the U.S. Supreme Court to review a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law.
Stillman v. Novartis Consumer Health Inc. - Represented defendants CVS Pharmacy Inc. and Walgreen Company in a patent infringement suit related to a generic product.
Obtained a $65 million plus settlement on behalf of Tekmira Pharmaceuticals Corp. from Alnylam Pharmaceuticals Inc. and AlCana Technologies, Inc. in connection with alleged misappropriation of Tekmira's trade secrets related to gene-silencing therapeutics.
View a Comprehensive List of Litigation matters

Clinical Trials, Manufacturing, Distribution and Other Life Sciences Agreements

Duane Morris' Life Sciences practice group has significant experience in drafting, negotiating and advising clients in connection with a variety of agreements and other documentation relating to U.S. and pre-clinical and sponsored research, global clinical trials, manufacturing activities, distribution arrangements and various other matters unique to the life sciences industry.

Trademarks, Copyrights, Trade Secrets and Unfair Competition

Duane Morris has been repeatedly ranked among the top trademark filing law firms by Managing IP and IP Law360. Our IP lawyers work with life sciences clients, filing and maintaining applications to register trademarks, current trademark registrations and copyrights each year in the U.S. and throughout the world. We also handle an array of disputes related to trademarks, copyrights, trade secrets and unfair competition claims.

International Trade, Customs and Taxation

Life sciences companies engaged in the import or export of goods face numerous regulatory issues and Duane Morris routinely assist clients regarding presentations to U.S. Customs relating to royalty and license agreements and dutiable value of goods; transfer pricing; tariff classification of products; country of origin issues; and interdiction of unauthorized shipments of products produced in non-FDA-certified foreign facilities.

Representative Matters

Corporate Startups and Financing Transactions

  • Represented Wockhardt USA, LLC and its US affiliated companies as U.S. counsel in connection with a $250 million international secured credit facility provided by certain Indian banks to Wockhardt Ltd., an Indian company and parent of Wockhardt USA, LLC.
  • Represented Iroko Pharmaceuticals, LLC in connection with a $140 million secured loan facility with CRG, a healthcare investment fund, and the simultaneous pay-off of Iroko’s loan facility with another lender.
  • Represented Iroko Pharmaceuticals in connection with a cross-border $90 million debt financing.
  • Represented Inovio Pharmaceuticals, Inc. (NYSE MKT: INO) in an underwritten public offering, the gross proceeds of which were approximately $64 million.
  • Represented BioTrove in raising $52 million of venture capital through Series C preferred rounds of financing.
  • Represented Marinus Pharmaceuticals, Inc., a biopharmaceutical company developing neuropsychiatric therapeutics, in its $46 million initial public offering of common stock, and transitioning from a venture-financed company to a public company.
  • Represented Agile Therapeutics, Inc., a pharmaceutical company specializing in women's healthcare products, in its $45 million Series B preferred stock financing co-led by Investor Growth Capital and Care Capital, with strong participation from ProQuest Investments.
  • Represented Intact Vascular, Inc., a developer of medical devices for minimally invasive peripheral vascular procedures, in its $38.9 million Series B Preferred Stock financing to accelerate the development and FDA approval of the company’s endovascular dissection repair technology.
  • Acted for Accuron Technologies Limited, a wholly-owned subsidiary of Temasek Holdings, which participated in the US$ 34 million Series C Venture Capital Investment in Aslan Pharmaceuticals, an oncology-focused biotechnology company.
  • Represented Celator Pharmaceuticals, Inc., a pharmaceutical company specializing in cancer drugs, in a $32.5 million private placement led by Valence Life Sciences.
  • Advised Biofutures International plc (now called Graphene NanoChem plc), an AIM listed company, on its £32.5 million sale of shares. The underwriter was Panmure Gordon.
  • Represented Nanotherapeutics, Inc., an integrated biopharmaceutical company with a focus on advanced development and manufacturing, in negotiating a $30 million loan facility from Hercules Technology Growth Capital, Inc. (NYSE:HTGC) to support the company’s efforts to expand its manufacturing infrastructure.
  • Represented Novira Therapeutics, Inc. in filing a Form D amendment issuance in the approximate amount of $28 million.
  • Represented Novira Therapeutics, Inc., an antiviral drug discovery company developing first-in-class antiviral therapeutics for the treatment of chronic HBV and HIV infections, in a $25 million Series A Preferred Stock financing, led by Versant Ventures.
  • Represented Celator Pharmaceuticals, Inc., a pharmaceutical company specializing in cancer drugs, in its $22.5 million Series C financing, with participation from Domain Associates, Ventures West, Quaker BioVentures, TL Ventures, GrowthWorks Capital, and BDC Capital.
  • Represented Enumeral Biomedical Corp. in closing an alternative public offering, allowing the company to raise $21.5 million in a private placement financing in connection with a reverse merger into a publicly held company.
  • Represented Alexar Therapeutics in connection with a $21.5 million Series A financing.
  • Represented Aclaris Therapeutics, Inc., a specialty pharmaceutical company with a focus on the development of novel topical dermatological therapies, in connection with the sale of $21.3 million of Series B Preferred Stock. Investors included Vivo Ventures, Beacon Bioventures and Sofinnova Venture.
  • Represented Marinus Pharmaceuticals, Inc., a neuroactive steroid developer, in its $21 million Series C financing from Domain Associates, LLC, Russian state-owned investment fund. RusnanoMedInvest, and co-investors Canaan Partners, Sofinnova Ventures and Foundation Medical Partners.
  • Advised DCP Management in the US$20 million series B funding of Amaranth Medical Inc. (biodegradable heart stent technology) together with a consortium of investors including Bio1 Cap (affiliate of EDB), Philip Private Equity, Charter Life Sciences and VenStar.

Collaborations and Licensing

  • Represented Anellotech Inc. in negotiations with IFP Energies nouvelles (IFPEN) and its subsidiary Axens on a strategic alliance to develop and commercialize a new technology for the low cost production of bio-based benzene, toluene and paraxylene using Anellotech's process of Catalytic Fast Pyrolysis (CFP) of non-food biomass.
  • Represented Anellotech, Inc. in negotiations with Johnson Matthey Process Technologies on an alliance to co-develop advanced catalyst systems for Anellotech's Catalytic Fast Pyrolysis (CFP) Process for production of bio-based benzene, toluene and paraxylene for the chemical industry.
  • Represented Apricus Biosciences, Inc. in connection with its co-promotion agreement, asset-purchase agreement and assignment agreement with PediatRx relating to the pharmaceutical products Granisol® and Aquoral™.
  • Represented Aurigene Discovery Technologies Limited in its collaboration, license and option agreement with Curis, Inc. for immuno-oncology and selected precision oncology targets.
  • Represented Aurigene Discovery Technologies Limited in its collaborative license, development and commercialization agreement with Pierre Fabre Pharmaceuticals for worldwide rights (excluding India) to AUNP12, an immune checkpoint modulator targeting the PD-1 pathway.
  • Represented Enumeral Biomedical Holdings, Inc. (ENUM) in connection with its License and Transfer Agreement with Pieris Pharmaceuticals, Inc. and Pieris Pharmaceuticals GmbH whereby Pieris is licensing from Enumeral specified intellectual property related to Enumeral’s anti-PD-1 antibody program ENUM 388D4 for the potential development and commercialization by Pieris of novel multispecific therapeutic proteins comprising fusion proteins based on Pieris’ Anticalins® class of therapeutic proteins and Enumeral antibodies in the field of oncology.
  • Represented Gliknik Inc., in its exclusive worldwide license agreement with Pfizer Inc. for Gliknik's recombitant stradomer™ GL-2045, a drug candidate designed to replace and improve on pooled human intravenous immunoglobulin (IVIG). Gliknik received an upfront payment of $25 million and is eligible to receive additional milestone payments and royalties.
  • Represented Inovio Pharmaceuticals, Inc. in its $422.5 million collaboration agreement with Roche to research, develop and commercialize Inovio's highly-optimized, multi-antigen DNA immunotherapies targeting prostate cancer (INO-5150) and hepatitis B (INO-1800) as well as use of Inovio's CELLECTRA® electroporation technology for delivery of the vaccines.
  • Represented Nanotherapeutics, Inc., in a license amendment with Takeda, which expanded Takeda’s commercialization and technology access rights related to Nanotherapeutics’ Vero cell technology platform – a cell culture-based platform for vaccine production which Nanotherapeutics acquired from Baxalta, formerly Baxter International’s BioScience division.
  • Represented Next Biometrics, SA to supply unique fingerprint sensors to a major competitor in the Chinese security market.
  • Advised S1 Biopharma, Inc. in the negotiation of a commercialization agreement with CKD Pharmaceuticals, a leading pharmaceutical company in South Korea, for the drug Lorexys™, S1 Biopharma’s investigational therapy for treatment of sexual dysfunction and hypoactive sexual desire disorder in women. The terms include an upfront payment to S1 Biopharma and additional payments based on milestones, as well as royalties on future product sales.
  • Represented Santarus, Inc. in its rest of world exclusive license and distribution agreement with Prasco, LLC for Puerto Rico for Santarus’ ZEGERID® product.
  • Represented Soligenix, Inc. in its collaboration with SciClone Pharmaceuticals to develop and commercialize in China SGX942, an innate defense regulator, for the treatment of oral mucositis.
  • Represented Soligenix, Inc. in its collaboration with Intrexon to develop and commercialize human monoclonal antibody therapies for new biodefense and infectious disease applications for Melioidosis.
  • Represented Unilife Corp. (NASDAQ: UNIS / ASX: UNS) in connection with its announced effort to seek strategic alternatives, culminating in a strategic collaboration with Amgen Inc. (NASDAQ: AMGN) for Unilife’s wearable injectable drug delivery systems to use with Amgen’s biologics and other medicines. The deal provided Unilife with investments of up to $90 million from Amgen and restructured Unilife’s existing debt facility with a fund sponsored by OrbiMed Advisors LLC.

Mergers and Acquisitions

  • Represented biopharmaceutical company Ception Therapeutics, Inc. in its acquisition by Cephalon, Inc. for $250 million and up to $500 million in milestone payments.
  • Represented Quest Diagnostics in the sale to Royalty Pharma of royalty rights from commercialization of the drug candidate Ibrutinib for $485 million.
  • Represented Orthovita, Inc. in its agreement to be acquired by Stryker Corp. for $316 million.
  • Represented Ceptaris Therapeutics in its acquisition by Actelion for $250 million cash plus undisclosed milestone payments and sales earnouts.
  • Represented Avee Laboratories in its $118 million sale to Alere, Inc.
  • Represented biopharmaceutical company Ception Therapeutics in a $100 million option agreement with Cephalon, pursuant to which Cephalon acquired an option to purchase all of the stock of Ception.
  • Represented MELA Sciences, Inc. (NASDAQ:MELA) in its purchase of the XTRAC and VTRAC Dermatology business from PhotoMedex, Inc. for $42.5 million in cash and the assumption of certain business-related liabilities and the related financing with institutional investors consisting of a private placement of $42.5 million aggregate principal amount of senior secured notes and convertible debentures and warrants to purchase 3 million shares of common stock.
  • Represented Apricus Biosciences, Inc. in its sale of Totect® (dexrazoxane HCl), a marketed injectable treatment for anthracycline extravasation, to Biocodex USA.
  • Represented BioTrove in its sale to Life Technologies (listed as one of the top 10 in vitro diagnostic deals of the year by PricewaterhouseCoopers).
  • Represented Nanotherapeutics in the purchase from Baxter International Inc. (BAX) of its proprietary Vero cell technology and related assets, including its production facility in Bohumil, Czech Republic.
  • Represented Quest Diagnostics in a series of acquisitions of the outreach clinical laboratory and anatomic pathology businesses of UMass Memorial in Massachusetts and New England.
  • Represented Systagenix Wound Management LTD in the sale of a biologic product line to Healthpoint Biotherapeutics.
  • Represented stockholders of Topaz Pharmaceuticals, Inc. in its sale to Sanofi-Pasteur, the vaccines unit of French pharmaceutical company Sanofi-Aventis.
  • Represented Wright Medical Technology, Inc. in its purchase from Van Straten Medical B.V. of all of its assets related to its CCI Evolution Total Ankle Replacement.

Patent Prosecutions and Maintenance and IP Due Diligence

  • Advised Quest Diagnostics on patent, licensing and IP litigation due diligence issues in connection with Quest's acquisition of Athena Diagnostics from Thermo Fisher Scientific for $740 million.
  • Advised Quest Diagnostics on IP litigation due diligence issues in connection with Quest's definitive merger agreement with Celera Corporation.
  • Prosecuted U.S. Patent No. 8,523,870, pertaining to an adjustable femoral resection guide, on behalf of Wright Medical Technology, Inc.
  • Prosecuted U.S. Patent No. 8,513,032, pertaining to “Microbubbles for affinity separation” on behalf of Iris International, Inc.
  • Prosecuted U.S. Patent No. 8,403,994, pertaining to a knee implant system, on behalf of Wright Medical Technology, Inc.
  • Prosecuted U.S. Patent No. 8,340,458, pertaining to systems and methods for processing image pixels in a nuclear medicine imaging system, on behalf of Siemens Corp.
  • Prosecuted U.S. Patent No. 8,329,425, pertaining to methods and systems for the detection of chloramphenicol, on behalf of The Hong Kong Polytechnic University.
  • Prosecuted U.S. Patent No. 8,318,922, pertaining to treatment and prevention of hyperproliferative conditions in humans and antisense oligonucleotide inhibition of human replication-initiation proteins, on behalf of The Hong Kong Polytechnic University.
  • Prosecuted U.S. Patent No. 8,314,074, U.S. Patent No. 7,919,474, U.S. Patent No. 7,879,811, U.S. Patent No. 7,615,540, and U.S. Patent No. 7,098,190 pertaining to “Formulations comprising antisense nucleotides to connexins” on behalf of Coda Therapeutics, Inc.
  • Prosecuted U.S. Patent No. 8,313,491, pertaining to an adjustable femoral resection guide, on behalf of Wright Medical Technology, Inc.
  • Prosecuted U.S. Patent No. 8,247,384, pertaining to “Methods and compositions for wound healing” on behalf of Coda Therapeutics, Inc.
  • Prosecuted U.S. Patent No. 8,216,244, pertaining to a midline referencing femoral sizing caliper, on behalf of Wright Medical Technology, Inc.
  • Prosecuted U.S. Patent No. 8,063,023, pertaining to “Impaired Wound Healing Compositions and Treatments” on behalf of Coda Therapeutics, Inc.
  • Prosecuted U.S. Patent No. 8,057,473, pertaining to an orthopedic device, on behalf of Wright Medical Technology, Inc.
  • Prosecuted U.S. Patent No. 7,993,647, pertaining to monoclonal antibodies to HIV-1 and methods of using same, on behalf of the National Institutes of Health.
  • Prosecuted U.S. Patent No. 7,815,916, pertaining to the Cloning and Expression of HTLV-III DNA, on behalf of the National Institutes of Health.
  • Prosecuted U.S. Patent No. 7,754,861, pertaining to a Method For Purifying Proteins, on behalf of Bio-Rad Laboratories, Inc.
  • Prosecuted U.S. Patent No. 7,723,021, pertaining to Methods For Treating Lentivirus Infections, on behalf of The J. David Gladstone Institutes.
  • Prosecuted U.S. Patent No. 7,645,449, pertaining to Sensitizing Cells For Apoptosis By Selectively Blocking Cytokines, on behalf of Apogenix GmbH.
  • Prosecuted U.S. Patent No. 6,927,028, pertaining to noninvasive methods for detecting non-host DNA in a host using epigenetic differences between the host and non-host DNA, on behalf of the Chinese University of Hong Kong.
  • Prosecuted U.S. Patent No. 6,550,474, related to nasal dilators and strips and methods for their manufacture, on behalf of CNS, Inc.

Regulatory and Compliance

  • Counsel to executives at a biotechnology company in investigation of Food & Drug Act violations by the Department of Justice and Veterans Administration.
  • Represented a healthcare technology company in providing FDA, privacy and security compliance support for a mobile health application targeted at cardiac conditions.
  • Represented dietary supplement manufacturer in negotiation of consent decree with FDA following alleged repeated violations of good manufacturing practices.
  • Represented several mail order pharmacies in DEA, FDA, and DOJ investigations regarding dispensing of controlled substances.

Litigation

  • Helsinn Healthcare S.A. et al. v. Gavis Pharmaceuticals LLC, 3:15-cv-1228 (D.N.J. 2015). Represented defendant Gavis Pharmaceuticals LLC in a patent infringement matter relating to liquid pharmaceutical formulations of palonosetron.
  • Otsuka Pharmaceutical Co., Ltd. v. Macleods Pharmaceuticals Ltd. et al., 1:15-cv-5109 (D.N.J. 2015). Representing defendant Macleods Pharma USA, Inc. in a patent infringement matter relating to low hygroscopic aripiprazole drug substance and processes for the preparation thereof and carbostyril derivatives and serotonin reuptake inhibitors for treatment of mood disorders.
  • Jazz Pharmaceuticals, Inc. et al. v. Wockhardt Bio AG et al., 2:15-cv-5619 (D.N.J. 2015). Obtained settlement for defendant Wockhardt Bio AG in a patent litigation matter relating to Jazz Pharmaceutical’s treatment for narcolepsy, Xyrem.
  • Roxane Laboratories, Inc. v. Novel Laboratories, Inc. et al., 2:15-cv-5618 (D.N.J. 2015). Representing defendant Gavis Pharmaceuticals LLC in a patent infringement matter relating to formulation and manufacturing process for calcium acetate capsules.
  • BTG International Limited et al. v. Actavis Laboratories FL, Inc. et al., 2:15-cv-5909 (D.N.J. 2015). Representing defendant Wockhardt Bio AG in a patent infringement matter relating to 17-substituted steroids useful in cancer treatment and methods and compositions for treating cancer.
  • Teva Pharmaceuticals USA, Inc. et al. v. Amneal Pharmaceuticals LLC, 1:15-cv-124 (D. Del. 2015). Representing defendant Amneal Pharmaceuticals LLC in a patent infringement matter relating to low frequency glatiramer acetate therapy.
  • Bayer Pharma AG et al., v. Prinston Pharmaceuticals Inc., et al., 15-cv-902 (SLR) (D.Del. 2015) Patent infringement action regarding Prinston’s ANDA to make a generic version of Janssen’s cardiovascular product Xarelto®, the active ingredient of which is rivaroxaban.
  • Obtained on behalf of Novel Laboratories Inc. a settlement of a patent litigation matter, which will allow Novel to begin marketing its generic form of a medication well prior to the expiration of the patents.
  • Representing Morton Grove Pharmaceuticals Inc. and Wockhardt USA LLC in a request to the U.S. Supreme Court to review a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law.
  • Stillman v. Novartis Consumer Health Inc. - Represented defendants CVS Pharmacy Inc. and Walgreen Company in a patent infringement suit related to a generic product.
  • Aspex Eyewear Inc. v. Zenni Optical, LLC, Case No. 2012-1318 (Fed. Cir. 2013): Obtained a decision in the Federal Circuit on behalf of Zenni Optical, LLC, affirming a trial court decision barring patent infringement claims on grounds of collateral estoppel in litigation related to magnetically attached auxiliary frames for prescription eyeglasses.
  • AngleFix v. Wright Medical (W.D. Tenn. 2013): Represented Wright Medical in patent litigation concerning orthopedic surgery.
  • Orthophoenix, LLC v. Wright Medical Technology, Inc., and "John and/or Jane Does 1-100" (D. Del. 2013): Representing Wright Medical in litigation alleging infringement of two patents entitled "Structures and Methods For Creating Cavities In Interior Body Regions."
  • Bonutti Skeletal v. Wright Medical (D. Del. 2012): Represented Wright Medical in patent litigation concerning knee prostheses.
  • Obtained a $65 million plus settlement on behalf of Tekmira Pharmaceuticals Corp. from Alnylam Pharmaceuticals Inc. and AlCana Technologies, Inc. in connection with alleged misappropriation of Tekmira's trade secrets related to gene-silencing therapeutics.
  • Howmedica Osteonics and Stryker v. Wright Medical Technology, Inc., Case No. 11-cv-06499 (D.N.J.- S. Wigenton). Member of the trial team representing Wright Medical in a patent infringement litigation concerning an acetabular cup systems used during hip replacement surgery.
  • NuVasive, Inc. and Osiris Therapeutics, Inc. v. Orthofix International N.V., et al. and Musculoskeletal Transplant Foundation, Civ. No. 10-01995 (2010-2011), District of New Jersey. Defended medical device company Orthofix and tissue bank Musculoskeletal Transplant Foundation in a patent dispute over orthobiologic tissues containing viable stem cells and osteoprogenitor cells, resulting in a settlement that the client found favorable.
  • Representing Wright Medical in the defense of a large number of product liability cases involving metal-on-metal prosthetic hip implants. Wright Hip System Cases, JCCP No. 4710 (Los Angeles Superior Court).
  • Counsel to Ranbaxy Pharmaceuticals, Inc. in the defense of product liability litigation in mass tort proceedings venued in Atlantic County, New Jersey, captioned as In re Accutane and In re Isotretinoin.
  • National coordinating counsel for a pharmaceutical company's entire PPA (phenylpropanolamine) litigation. Responsible for the coordination of direct claims (approximately 250) and cross-claims for contribution and indemnity (approximately 540), including a settlement class action and involvement in co-defendants' bankruptcy proceedings to obtain relief from all direct and cross-claims. Oversight of local counsel in 18 states. Oversight of federal multi-district litigation, and the development of corporate and expert witnesses.

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Diversity

"In my discussions with Duane Morris leaders, they frequently speak about how diversity within their firm has enabled them to better serve their diverse clients. They understand that investing in diversity is a wise business decision that positions them for the marketplace of the future."

Don Liu
Senior VP, General Counsel & Corporate Secretary
Xerox Corporation

At Duane Morris, achieving diversity is paradoxical. By supporting and celebrating the differences of our attorneys - and the individual strengths that they bring - our firm culture expands, fostering creative solutions for our clients. But diversity at Duane Morris does not mean that we have a certain number of diverse attorneys; true diversity means that it is no longer noteworthy to see diverse lawyers leading our practice groups or managing client relationships. Ascending to positions of leadership and greater responsibility and providing the highest levels of client service is simply what is expected of all our lawyers. Diversity is another strong asset that adds to our collective abilities to meet the needs of our clients.

Our vision of diversity at Duane Morris is to realize an environment in which our lawyers' outstanding qualities are not just measured by ethnicity, race, gender and sexual orientation, but more importantly, that our lawyers are remarkable as excellent attorneys above all else. Only then can we celebrate our differences while focusing on the common pursuit of legal excellence which everyone shares at Duane Morris.

To reach this goal, Duane Morris understands that the familiar diversity strategies and policies that most law firms have are needed. Without demanding results from such policies, most law firms are bound to fail in even achieving numerical hiring and retention goals. Duane Morris has been proactive and ambitious in its efforts to improve diversity at the firm, and has set deadlines for reaching the milestones which mark our progress. To create a more diverse law firm, Duane Morris is:

  • Committed to strategically increasing our diversity levels, which is currently at 10 percent.
  • Bringing together our Diversity Committee and our Hiring and Retention Committee to raise diversity as an important factor in our hiring decisions.
  • Dedicated to improving retention by building upon our monitoring and mentoring program for all diverse associates.

Combining new initiatives with our longstanding diversity efforts, Duane Morris has seen increasingly positive results. In the Minority Law Journal's annual diversity survey of the nation's largest 260 firms, Duane Morris continued to improve its regional and national ranking, rising to number 136 of all firms surveyed. Our strides in Philadelphia are encouraging; in a city known for both the racial diversity of its population and the lack thereof in its law firms, Duane Morris is one of only two law firms to exceed the national average of minority partners at all law firms. Additionally, Duane Morris leads all national law firms based in Philadelphia in the number of Latino partners. Nearly 30 percent of all of our attorneys are women, and more than 20 percent of our partners are women.

In our approach to diversity, progress in racial, gender and cultural diversity cannot be measured in numbers alone. Duane Morris has focused our diversity initiatives on both increasing the number of diverse associates and addressing the challenges diverse attorneys face in building lasting careers and rising to senior and leadership positions. While several of our key practice groups are led by diverse partners and female partners, Duane Morris endeavors to create a culture which will foster a deep pool of such attorneys who can then develop into the firm's future leaders. Duane Morris understands that simply hiring diverse associates will not change the diversity of the firm; Duane Morris is working to mentor and retain diverse associates so that our progress in racial, gender and cultural diversity is also reflected at the highest levels of leadership within the firm.

Our progress on gender diversity has been profound. We have no glass ceilings: women hold positions of leadership at all levels of management at the firm. Women lead a number of our key practice groups, including our Energy, Immigration and International practices, and serve on the firm's Executive Committee. The success of our female attorneys at Duane Morris has not gone unnoticed. Barbara Adams was chair of the firm's Finance Practice until her appointment by Pennsylvania Governor Edward Rendell to serve as General Counsel of the Commonwealth. In 2004, our longtime General Counsel, Gene E.K. Pratter, was approved by the United States Senate and is now a judge for the U.S. District Court for the Eastern District of Pennsylvania.

Our efforts to improve diversity extend beyond our firm's walls. The chair of our Diversity Committee, Nolan N. Atkinson, Jr., recognized the lack of diversity in Philadelphia's legal community and formed the Philadelphia Diversity Law Group. Nolan now serves as the chair of the organization, a consortium of 25 law firms and corporations that commits to employing at least one diverse first-year law student each as a summer associate. From this program, law students of diverse backgrounds gain access to what was once an exclusive legal community, and now have the opportunity to learn and develop their legal careers with experience at Philadelphia's top law firms.

In addition to our involvement in the Philadelphia area, Duane Morris has increased our presence at national conferences and events focused on diversity. We sponsor the Hispanic National Bar Association and its job fair. Duane Morris is also a longtime supporter and sponsor of the Equality Forum, a national gay and lesbian rights organization. Duane Morris continues to sponsor the Minority Corporate Counsel Association, and is active in other associations of diverse attorneys including: the Asian American Bar Association of the Delaware Valley; the Charles Houston Bar Association; Cuban Bar Association; Korean American Lawyers Association; National American Indian Housing Counsel and the National Bar Association.

The challenge of improving gender, ethnic and cultural diversity at Duane Morris is an ongoing effort that has the support of the entire firm. Duane Morris has been at the vanguard in supporting gender diversity throughout the firm beginning a generation ago. Our diversity programs are leading to similar success in improving racial and national origin diversity at Duane Morris. But even as we share these examples of Duane Morris attorneys and our involvement in numerous legal events, associations and programs for diversity, our hope is that such examples will no longer be necessary to mention in the future. We hope that through our efforts, and the efforts of other law firms, these stories become so common that they are no longer the remarkable accomplishments they are today, but simply routine aspects of the legal world tomorrow.