Patent Trial + Appeal Board

Litigation in the pharmaceutical and biotechnology industry can be particularly complex, requiring counsel that is as well versed across scientific disciplines as it is in the law. Goodwin has made servicing the needs of the pharmaceutical and biotechnology industries a strategic priority for more than two decades, and we have one of the largest and most active life sciences practices in the United States. Our IP litigation team is among the most experienced in the country, successfully representing both brand companies and generics in Hatch-Waxman litigation. Our portfolio of clients include the largest generic companies in the world and, more recently, include enforcement of patents related to numerous blockbuster drugs.

Our firm is also a leader in the emerging field of biosimilars litigation. Our lawyers were involved in the legislative process that resulted in the Biologics Price Competition and Innovation Act, and our work counseling clients as they advance their biosimilar development programs has been a natural outgrowth of our extensive work on behalf of the generic drug industry. Clients consistently praise our biosimilars blog, BigMoleculeWatch.com, for its timely and relevant posts on biosimilar-related litigation, legislation and regulatory developments.

Unfair competition claims at the U.S. International Trade Commission are powerful and specialized in form. They are also on the rise in number. Goodwin is poised to help.

Section 337 of the Tariff Act of 1930 gives the ITC the authority to address alleged unfair competition practices tied to products imported into the U.S. Companies (both foreign and domestic) may utilize Section 337 to request that the ITC prohibit the importation of any articles of manufacture that are tied to “unfair competition” (e.g., through IP infringement, trade secret misappropriation, antitrust violations, false advertising, and other common law torts) so long as they have sufficient U.S. investments in the relevant industry. Today, nearly all products, or at least some of their components, spend a portion of their life cycle abroad and are, therefore, subject to the ITC’s jurisdiction. If the ITC finds that an article should be banned from importation, its exclusion order goes into effect almost immediately and is almost never put on stay during appeal.

In a high-stakes patent dispute, the fighting advantage goes to the side with the right litigation experience. We’re ranked by Corporate Counsel as having one of the nation’s most active patent litigation practices. From the courtroom to the boardroom, Goodwin’s more than 100 IP lawyers and scientists are dedicated to actively protecting client assets.