Life Sciences

Recent representations include:

• Abbott Labs: Secured a defense victory for Abbott Labs in a significant age discrimination jury trial in federal court in New Jersey, with the jury returning a defense verdict after just 30 minutes.
• Enanta: Acted for Enanta in a lawsuit in the District of Massachusetts, asserting that Pfizer Inc.’s Paxlovid™ infringes an Enanta patent that issued earlier that month, based on Enanta’s July 2020 patent application describing coronavirus protease inhibitors invented by its scientists.
• Esperion Therapeutics: Represented Esperion Therapeutics in a lawsuit against Daiichi Sankyo Europe (DSE) over a $200-300 million milestone payment crucial to Esperion’s financial survival. After taking over from prior counsel, Gibson Dunn swiftly set a trial date, conducted extensive discovery, and ultimately negotiated a favorable settlement just days before key depositions, securing an immediate cash payment and reduced future manufacturing costs for Esperion.
• Immunomedics: Secured a $40 million settlement in a shareholder lawsuit following the FDA’s initial withholding of approval for their now top-selling breast cancer drug, culminating in the company’s $21 billion acquisition by Gilead.
• Merck & Co.: Represented Merck in a significant victory when the Fourth Circuit vacated and remanded the district court’s certification of a class of 35 large and sophisticated drug wholesalers on numerosity grounds, clarifying that class actions are the exception and that plaintiffs must prove the impracticability of joinder through actual evidence, not merely the risk of multiple lawsuits.
• Gyroscope Therapeutics: Obtained a victory for Gyroscope Therapeutics, a clinical-stage gene therapy company focused on treatments for diseases of the eye, winning a motion to compel arbitration of a trade secrets suit.
• Northwest Biotherapeutics: Won dismissal of a securities class action for Northwest Biotherapeutics asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act and challenging the company’s public statements about the development of its cancer vaccines.
• CNS Vital Signs: Represented CNS Vital Signs, a leading neurocognitive testing software seller, in a case brought by rival Impact Applications alleging that CNS’s concussion tests and their marketing infringed Impact’s trademarks and copyrights and otherwise constituted unfair and deceptive trade practices.
• Novartis: Achieved a complete victory for Novartis in patent litigation in the District of Delaware against four generic companies challenging the patent covering GILENYA.
• Merck & Co.: Represented Merck in a Delaware District Court patent litigation brought by Mayne Pharma alleging infringement in the sale of NOXAFIL, an anti-fungal drug; achieved a complete victory after bringing and having instituted an IPR to challenge the asserted patent.
• Novartis: Represented the company in a Delaware District Court patent litigation brought by Shilpa Pharma alleging infringement of a polymorph patent by GILENYA; achieved complete victory upon instituting and then winning a parallel IPR proceeding challenging the patent.
• Amgen Inc.: Serve as lead counsel for Amgen Inc. in an antitrust lawsuit brought by Regeneron Pharmaceuticals, alleging unlawful monopolization of the cholesterol drug market through anticompetitive rebates, with the case involving novel competition issues. (ongoing)
• Novartis: Represented Novartis in Hatch-Waxman patent litigation involving oncology drug RYDAPT, a path-breaking tyrosine-kinase inhibitor.
• Sage Therapeutics: Represented Sage Therapeutics in successfully resolving collaboration agreement dispute, avoiding litigation and allowing for the public launch of a life-saving psychotropic drug.
• Novartis: Representing the company in Delaware District Court in the first-ever Hatch-Waxman litigation involving a radio-ligand cancer therapy called LUTATHERA.

Recent representations include:

• Elliott Investment Management: Advised Elliott Investment Management, a fund manager, on the $7.1 billion acquisition by a private investment consortium of Syneos Health, a biopharmaceutical solutions organization.
• Merck: Advised Merck, a pharmaceutical company, on its $3 billion acquisition of EyeBio, an ophthalmology biotech company.
• Cullgen: Advised Cullgen, a developer of new chemical entities for disease treatment, on a $1.9 billion strategic collaboration and option agreement to advance innovative targeted protein degraders with Astellas Pharma, a Tokyo-based developer of drugs for unmet medical needs.
• CTI BioPharma: Advised CTI BioPharma, a biopharmaceutical developer of targeted therapies for blood-related cancers, on its $1.7 billion acquisition by Sobi, a global hematology, immunology and specialty care biotech company.
• Amryt Pharma: Advised Amryt Pharma, a commercial-stage biopharmaceutical company, on its $1.25 billion acquisition by Chiesi Farmaceutici, an Italian biopharmaceuticals and healthcare group.
• Epygenix Therapeutics: Advised Epygenix Therapeutics, a clinical-stage developer of genetic epilepsy treatments, on its acquisition by Harmony Biosciences, developer of commercial-stage drugs for rare neurological diseases.
• CPE: Advised CPE, a private equity firm in China, on the $523 million sale of its majority stake in Acotec, a Chinese interventional medical device company, to Boston Scientific, a U.S. medical device company.
• Apogee Therapeutics: Advised Apogee Therapeutics, a developer of therapies for immunological and inflammatory disorders, on its upsized initial public offering.
• Dianthus Therapeutics: Advised Dianthus Therapeutics, a clinical-stage developer of monoclonal antibodies for autoimmune disease, on its private placement of shares of common stock and pre-funded warrants to new and existing investors.
• Bora Pharmaceuticals: Advised Bora Pharmaceuticals, a Taiwan pharmaceutical manufacturer, on its acquisition of Upsher-Smith Laboratories, a generics manufacturer, from shareholders Sawai Group, a Japanese over-the-counter drug company, and Sumitomo, a trading and investment company.
• Royalty Pharma: Advised Royalty Pharma, the largest royalty buyout fund globally, in multiple transactions, including the acquisition of Immunext, the developer of a novel multiple sclerosis drug candidate in Phase 3 clinical trials.