Our Life Sciences Group is a multi-disciplinary legal team comprised of lawyers with technical and legal experience in the life sciences and related industries, including branded pharmaceuticals, medical devices, diagnostic equipment and healthcare services.
Litigation
Eckert Seamans is renowned for its defense of product liability lawsuits. Recently, the publication Law 360 ranked Eckert Seamans as among the top product liability defense firms in the United States.
Eckert Seamans has substantial experience defending pharmaceutical and medical device product liability lawsuits. We work with our clients not only to defend claims, but also to develop strategies to reduce the risk of future lawsuits and to minimize the negative publicity often associated with litigation. We have defended clients in some of the largest pharmaceutical “mass tort” cases in history. The firm has served as national, regional and local coordinating defense counsel in multidistrict litigation in federal court and in related state court litigation. In these matters, Eckert Seamans attorneys coordinate and prepare pleadings and discovery responses, conduct client interviews, brief and argue pretrial motions on the sufficiency of expert witness testimony, defend company employees at depositions and prepare for trial in a consistent and cost-effective manner.
We also have managed some of the largest document productions in recent U.S. civil litigation, and thereby developed a unique capacity for the efficient collection and review of large volumes of electronic data and documents.
Representative Life Sciences Matters:
- As part of the defense team in numerous large-scale pharmaceutical litigations, our Life Science litigators have contributed to the development of defense themes, defended key company deponents, conducted the discovery in individual lawsuits, and served as members of the trial teams for bellwether cases;
- Represented international pharmaceutical and medical device company in Daubert challenges to the admissibility of expert testimony in lead case in multidistrict litigation;
- Represented international pharmaceutical company in contract and license disputes with upstream and downstream suppliers arising from hurricane;
- Represented medical device manufacturers in defense of products including fetal monitors, surgical instruments, polypropylene mesh implants, cardiac catheter guides, latex products, surgical routers, neuromodulation devices, pedicle screws, infant ventilators, pain pumps, laser surgery devices, and hip and knee prostheses;
- Resolved several commercial claims on behalf of a company that performs testing services for businesses seeking FDA approval to market and sell new drugs;
- Represented pharmaceutical and medical device companies in complying with laws and guidance relating to off-label use;
- Represented device manufacturer in investigation of alleged violations of False Claims Act.
Intellectual Property
Our Intellectual Property attorneys cover the full spectrum of practice in this specialized area of the law, including United States and foreign patents, the interface between patent law and FDA regulations, trademark, copyright, trade secret and unfair competition law, and the negotiation, preparation and enforcement of related agreements, including license, assignment, consulting, employment, nondisclosure and joint venture agreements, as well as college and university intellectual property policies. Our attorneys also have successfully litigated a wide variety of intellectual property cases before administrative agencies, state courts, and federal courts, including litigation involving patents, trademarks, copyrights, trade secrets, and trade dress.
Representative Life Sciences Matters:
- Prepared and prosecuted patent applications for:
Devices for treating sleep apnea, a magnetic resonance imaging apparatus, dilation catheters, cardiovascular stents, and other medical equipment;
In-vivo drug delivery compositions and methods for controlled release of active ingredients;
Chemical compositions useful for the preparation of pharmaceutical drugs;
Radiotherapy and other cancer therapies and biomarkers.
-
Handled trademark and copyright matters for numerous pharmaceutical companies;
-
Litigated numerous pharmaceutical patent infringement actions, including actions related to a number of well known drugs;
-
Advised on Orange Book listings and citizen petitions to the FDA.
Corporate
The Corporate Group has significant experience in private and public securities offerings and other financing transactions, as well as merger, acquisition and commercial transactions for life sciences companies. From early stage life sciences entities to mature international drug and device companies, we have counseled clients on general corporate matters.
Representative Life Sciences Matters:
- Assisted companies to secure capital to develop and commercialize bio-technology and medical devices;
- Represented pharmaceutical/drug delivery companies in securities, corporate governance and general corporate matters;
- Drafted and negotiated distribution, supply, packaging, clinical trial services, and a variety of other contracts for a major U.S. pharmaceutical supply chain services company, including business associate agreements and service agreements relating to central pay services for retail pharmacies;
- Advised a multinational corporation specializing in pharmaceuticals, health care, and nutrition on implementation of a plan, including satisfaction of blue sky exemptions in almost all 50 states, for U.S. employees to purchase American Depositary Shares representing shares of the corporation;
- Conducted extensive due diligence reviews of acquisition candidates for a major multinational biopharmaceutical company focused on research and development, manufacture and marketing. Projects for this client have included review and analysis of licenses, clinical research and development agreements and other research and development agreements, material transfer agreements, supply agreements, manufacturing agreements, consulting agreements and related service agreements;
- Prepared agreements relating to licensing, technology transfer, and clinical trials for reference testing laboratory.
Bankruptcy
Eckert Seamans’ Bankruptcy and Restructuring Group has a national practice with extensive experience in the representation of debtors, creditors’ committees, equity holder committees, trustees and creditors in turnarounds, loan workouts, collections and bankruptcy proceedings.
Representative Life Sciences Matters:
- Represented a medical device company in a preference claim and in another matter involving foreclosure on medical equipment;
- In the course of Chapter 7 bankruptcy proceedings for a medical technology company, maintained IP portfolio, including the prosecution of patent applications relating to bone substitute material and methods for implanting the material into patients.
Labor and Employment
Eckert Seamans’ Labor and Employment Group provides full-service representation of private and public sector employers in all facets of employment and labor relations.
Representative Life Sciences Matters:
- Provided counsel and litigated employment claims for a company that distributes medical and acute care supplies to hospitals and urgent care facilities;
- Represented executives and founders of bio-tech and medical device companies in connection with their ownership interests and employment agreements;
- Represented a pharmaceutical company in an Americans with Disabilities Act claim.
