Willkie has extensive experience in the health care and life sciences field, both in the United States and abroad. We represent companies and investors in the areas of biotechnology, pharmaceuticals, medical technology, wellness and providers. Our work includes corporate transactions, mergers and acquisitions, joint venture transactions, compliance matters, IP issues, patent litigation and counseling, and general litigation.
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Experience
- Eurand, an Amsterdam-based specialty pharmaceutical company in its $123 million IPO.
- Teva Pharmaceutical Industries Ltd. in three multi-tranche, multi-market offerings of senior notes aggregating $20.4 billion to finance its pending acquisition of Actavis Generics, the worldwide generic pharmaceutical business of Allergan plc.
- Genentech v. Pfizer (D. Del.) (Avastin) (bevacizumab) (settled)
- Genentech v. Pfizer (D. Del.) (Herceptin) (trastuzumab) (settled)
- Amgen v. Hospira (D. Del.) (Epogen) (erythropoietin) (split decision in first U.S. jury trial under BPCIA; appeal pending)
- Amgen v. Hospira (Fed. Cir.) (Epogen) (erythropoietin) (favorable decision upholding district court on BPCIA issue of first impression)
- Hospira v. Genentech (Fed. Cir. and USPTO) (Avastin) (bevacizumab) (appellate decision affirming favorable IPR decision)
- Hospira v. Genentech (USPTO) (Protein A chromatography) (favorable IPR decision, appeal pending)
- Takeda v. Array Biopharma (USPTO) (favorable IPR decision, which was not appealed)
- Merck v. Hospira (Fed. Cir. and D. Del.) (Invanz) (ertapenem) (appellate decision affirming favorable trial decision)
- Par v. Hospira (D. Del.) (Adrenalin) (epinephrine) (pending)
- Belcher v. Hospira (D. Del.) (Epinephrine Injection USP) (epinephrine) (pending)
- Vivus v. Actavis (D. Del.) (Qsymia) (pherntermine/ topiramate) (settled)
- Merck v. Amneal (Fed. Cir.) (Nasonex) (mometasone) (favorable judgment of noninfringement affirmed)
- Purdue v. Amneal (Fed. Cir.) (OxyContin) (oxycodone) (favorable judgment of invalidity affirmed)
- Allergan v. UCB (E.D. Tex.) (Neupro) (rotigotine) (settled)
- Hospira v. Eurohealth (D. Del.) (Precedex) (dexmedetomidine) (settled)
- Hospira v. Intas (M.D.N.C.) (Precedex) (dexmedetomidine) (settled)
- Abbott v. Hospira (D. Del.) (Zemplar) (paricalcitol) (favorable judgment of non-infringement)
- Shire v. Neos (N.D. Tex.) (Adderall XR) (mixed amphetamines) (settled)
- Galderma v. Actavis (N.D. Tex.) (EpiDuo) (adpalene/benzoyl peroxide) (settled)
- Hospira v. Sandoz (D.N.J.) (Precedex) (dexmedetomidine) (settled)
- Hospira v. Sun Pharm. (E.D. Mich.) (Precedex) (dexmedetomidine) (settled)
- Nautilus Neurosciences v. Wockhardt (D.N.J.) (Cambia) (diclofenac sachet) (settled)
- Nautilus Neurosciences v. Edict (D.N.J.) (Cambia) (diclofenac sachet) (settled)
- Shire v. Watson (S.D.N.Y.) (Adderall XR) (mixed amphetamines) (settled)
- The independent directors of Merck in connection with derivative litigation arising out of the marketing and use of Vioxx.
- Teva Pharmaceutical Industries Ltd. in the following litigation:
- Meijer, Inc. v. Teva Pharmaceutical Industries Ltd.: Secured dismissal for Teva in class action and opt-out litigation seeking treble damages and injunctive relief in connection with allegations that generic drug manufacturers allocated the market for a hypertension drug, resulting in inflated prices.
- Purdue Pharma v. Teva Pharmaceuticals USA.
- Teva Pharmaceutical Industries Ltd. v. SmithKline Beecham Corp.: Successful representation of Teva in suit against SmithKline for prosecuting sham patent infringement litigation in violation of Section 2 of the Sherman Act.
- Aegerion Pharmaceuticals, Inc., a wholly owned subsidiary of Novelion Therapeutics, in its recapitalization, whereby Amryt Pharma Plc agreed to acquire 100% of Aegerion’s reorganized stock.
- Akorn in the $230 million sale of its Consumer Health Business to Prestige Consumer Healthcare, and in the sale of seven branded ophthalmic products to Théa.
- Ardian in its sale of specialty pharmaceutical group RIEMSER to Esteve.
- Centerview Partners as financial advisor to oncology-focused biopharmaceutical company Tesaro in its acquisition by GlaxoSmithKline for $5.1 billion.
- Centerview Partners and PJT Partners as financial advisors to Mylan in its agreement to combine with Upjohn, Pfizer's off-patent branded and generic medicines business, to create a new pharmaceutical company.
- Clovis Oncology, Inc. in the bankruptcy court-supervised asset sales of its targeted radionuclide therapy program to Novartis and its cancer drug Rubraca to pharma& Schweiz GmbH.
- Conscio Holding GmbH in its acquisition of Gen-Plus GmbH & Co. KG, a technology and innovation expert for the pharmaceutical industry.
- Constellation Pharmaceuticals in connection with MorphoSys’s acquisition of Constellation Pharmaceuticals.
- Cooper Consumer Health, a portfolio company of CVC Capital Partners, in its acquisition of Viatris’ Over-the-Counter business.
- CVC Capital Partners on its acquisition of a majority stake in Cooper Consumer Health from Charterhouse Capital Partners, and in Cooper Consumer Health’s acquisition of Lashilé Beauty.
- Ethypharm, a portfolio company of PAI Partners, in its acquisition of Altan Pharma, a specialty pharmaceutical company that develops, manufactures and markets injectable medicines for hospital use.
- Innoviva Inc. in the following transactions:
- its acquisition of Enstasis Therapeutics.
- its repurchase of an equity stake from GSK for $392 million.
- its acquisition of La Jolla Pharmaceutical Company.
- the sale of its stake in Theravance Respiratory Company LLC to Royalty Pharma plc in connection with Royalty Pharma’s $1.3B+ acquisition of Theravance Respiratory Company.
- NextPharma, a portfolio company of CapVest Partners, in its agreement to acquire the Norwegian pharmaceutical manufacturing site of global biopharmaceutical company Takeda.
- PAI Partners on the contemplated acquisition of SDG Pharma, a world leader in the pharmaceutical glass packaging industry.
- Sagard in its acquisition of Sterimed, a leading manufacturer of sterile packaging for the pharmaceutical industry, from Meeschaert Capital Partners.
- Stanley Capital Partners in the following transactions:
- its acquisition of Drug Safety and Pharmacovigilance Services Solutions.
- its acquisition of French pharmaceutical group, Laboratoire XO.
- its acquisition of global specialty pharmaceutical company, Noden Pharma DAC.
- Unipex, a leading French life science ingredients distributor, in its acquisition by Barentz International.
- Corporate representation on M&A and senior executive employment matters for the compensation committee of Genta, a biopharmaceutical company with a diversified portfolio of cancer treatment drug products.