Pharmaceutical

Flaster Greenberg has extensive experience representing and counseling pharmaceutical, biotechnology and life sciences companies, medical device companies, medical supply companies, and other medical industry clients in a wide variety of legal disciplines. Our attorneys have been working with companies in the industry for a combined total of 40 years. They have joined together numerous practice areas to bear in providing broad team coverage for companies in the industry, including serving as legal and business counsel in the areas of: 

• Acquisitions
• ANDA Patent Litigation
• Bankruptcy, financial restructuring, and buying distressed assets
• Benefits
• Contract negotiations and litigation
• Corporate Structuring
• Copyright Registration and Litigation
• Data privacy issues relative to the U.S. and the European Union
• Domain names
• Environmental issues and disputes
• FDA counseling
• International tax issues
• Label reviews
• Labor and employment
• Litigation
• Licensing
• Patents
• Online reputation management
• Real estate, including leasing, sales and site acquisitions
• Restructuring
• Trademark Registration and Litigation
• Trade secrets 

Whether you are making technological or business advances related to medication, personal care or vaccines, or dealing with animal health, our attorneys have distinct understanding of the science behind it all while having in mind the business goals of the client. Members of our group have served as in-house counsel to companies dealing in oral care and insurance, and maintain a diverse client balance in working with branded and generic U.S. and international pharmaceutical companies, research companies, and companies that service the industry with a special emphasis on patent and corporate due diligence, licensing, agreements, IP portfolio strategy and management, IP and financial audits, transactional matters, strategic acquisitions, joint ventures, U.S. and international tax, distribution and supply agreements, raising capital, and disputes related to contracts, employment, protection and enforcement of client rights to IP, false advertising, and government regulation. 

Our attorneys, drawn from our Intellectual Property, Litigation, Corporate, Bankruptcy, Tax, Labor, Employment, Real Estate, and Environmental practices, each have particular experience in representing clients in the pharmaceutical, medical and personal care landscapes, which have each faced many challenges and changes over the last several years. Our attorneys are acutely aware of how policy and regulatory changes across the globe, shifts in requirements, international law, and venture capital flow have affected these industries, and can help you evaluate the best plan of action and identify the ideal course when navigating the complexities of these highly regulated industries.  

At Flaster Greenberg, every client matters. Our goals are the goals of our clients and we enjoy helping them grow. When disputes have resulted in litigation, our lawyers have gone to trial on behalf of our clients, and won. Our bankruptcy attorneys monitor the sale of distressed assets. When a company is gearing up to sell their portfolio of pharmaceuticals, we take action, notifying our pharmaceutical clients when a struggling drug is available for sale, and assist them through the purchase process targeting an economic and favorable transaction clear of liability. Below are just some examples of the myriad issues where we have helped clients that range from distressed asset sales and M&A to Hatch-Waxman litigation and patent portfolios, among others.   

Representative Matters

• Represented an international pharmaceutical company in a highly competitive Section 363 auction sale process leading to the $450,000,000 acquisition of a pharmaceutical manufacturer and distributor by another party, under the supervision of the United States Bankruptcy Court for the District of Delaware 

• Represented pharmaceutical manufacturers and developers in Hatch-Waxman/ANDA litigation, including:
• In Re: Desloratadine Patent Litigation
• Otsuka Pharmaceutical Co., Ltd. v. Sandoz, Inc., et al (aripiprazole)
• Sanofi-Aventis U.S., LLC v. Sandoz, Inc., et al (oxaliplatin)
• Sepracor, Inc. v. Teva Pharmaceuticals USA, Inc., et al (eszopiclone)
• In Re: Armodafinil Patent Litigation 

• Represented corporations, including pharmaceutical manufacturers, in the enforcement of patents and claims of patent infringement 

• Represented one of India’s leading pharmaceutical companies with their first international acquisition of a private, NJ-based generic drug development company.