PDFPrintEmailAdd to Personalized Information Packet

Life Sciences

Our Life Sciences practice focuses on patent litigation involving biotechnology, pharmaceuticals and medical devices. The cutting edge technology at issue is very often beyond the knowledge and experience of judges and juries. Moreover, this area of law changes at breakneck speed.

Recognizing the unique challenges of our life sciences clients, we staff our cases with a team that has bona fide experience in both the science and the law, as well as the ability to explain the technology to a lay person. Winning trial advocacy demands nothing less. And at Kramer Levin, our patent litigators are first and foremost trial lawyers.

Our Team

Our core Life Sciences patent litigation team of over 20 attorneys possesses both specialized and industry experience with technical degrees in areas such as biochemistry, molecular biology, chemistry, physics, pharmacology, chemical engineering and immunology. Our team is led by Brian Slater (Life Sciences Chair) and Jonathan Caplan (Department Co-Chair) from the New York Office, and Paul Andre, Managing Partner of the Silicon Valley Office.

Whether it’s a bet the company patent litigation, a strategic market-driven case or defense against a lawsuit brought by a competitor, Kramer Levin is one of the leading go-to firms for both large and small life sciences companies.

Why Clients Hire Us

Our clients hire us again and again because we win. Equally important, we understand and achieve our clients’ business objectives. We form a true partnership with our clients from the outset, and execute a joint plan for a winning outcome, both legally and for the business.

To minimize costs and increase efficiency in patent litigation, we work side-by-side with in-house counsel to determine case staffing, budget, strategic positioning and procedures for efficient case management. This team-oriented approach safeguards the client’s goals and guarantees that the client’s objectives will be integral to the management and strategy of the matter. Effective and efficient case management can only come from a litigation team with specialization in a company’s core technology. Our extensive experience in patent litigation involving biotechnology, pharmaceuticals and medical devices is the key factor to effective case management. Our extensive trial experience, and lead trial counsel’s involvement from the outset of a matter, translates into recognizing what issues and evidence will ultimately be important in obtaining a favorable result, thus avoiding wasting resources on issues that play no role in obtaining a successful result.

Industry Experience

ANDA & Small Molecules: With the onslaught of Hatch-Waxman precipitated ANDA litigation, it is more important than ever to have a litigation team conversant in the technology and experienced in this area of law. We have dozens of ANDA and small molecule cases under our belt, and the technical expertise needed for such cases. Understanding the interplay of legal, regulatory and business issues in this industry sector is one of many of our team’s distinguishing attributes.

Biologics & Large Molecules: Kramer Levin has a long and strong history of litigating biologics patent infringement cases, dating back to the early 1990s. We are particularly suited for cases involving large molecules produced via recombinant DNA technology. Our substantial litigation experience with these technology cases is second to none.

Medical Devices: When working on medical device patent litigation, it is imperative that the team has a multi-disciplinary technical background that includes human anatomy, electrical and mechanical engineering and computer science — our team personified.

Diagnostics: We have experience in a variety of diagnostic cases, ranging from ELISA to DNA microarrays to biochemical enzymatic assays.

Scotus Expands the Doctrine of Patent Exhaustion to Sales Outside the US and Confirms That the Doctrine Cannot Be Limited Through Post-Sale Restrictions

Learn More

Potential Impact of the Supreme Court’s Decision to Review the PTAB’s Practice of Issuing Partial Final Written Decisions in Post-Grant Proceedings

Learn More