Pharmaceutical Patent Litigation (ANDA)

McGuireWoods’ pharmaceutical patent litigation team serves clients in the biotechnology, chemical, healthcare, nanotechnology, material science, pharmaceutical research and textile fields. Additionally, we have been involved in patent lawsuits pertaining to chemical treatments, elastomeric compositions, polymers and polymer processing, including re-closable plastic bags, and profile manufacturing techniques. We have extensive experience preparing and defending abbreviated new drug applications (ANDAs) for generic, bioequivalent drugs.

Our team prepares and prosecutes patent applications in the areas of cellular and molecular biology, genetic engineering, genomics, proteomics, cellular immunology, diagnostic and therapeutic immunology, tissue engineering and regenerative medicine, stem cell technology, plant biology, drugs and drug delivery. Other areas of focus for life sciences companies and medical device manufacturers include materials such as alloys, metal matrix composites, ceramics and polymer compositions, as well as processes related to the formation or production of these materials, including nanotechnology processes and applications.

When disputes arise, jury trials often make clients uncomfortable because of the variables involved and the concern that the average person may not be able to comprehend complex facts and concepts to reach the “correct” decision. General counsel and chief executive officers require a clear sense of the possible outcome of their patent cases as early as possible in the litigation process. McGuireWoods regularly recommends that clients use focus groups to test the strength of their patent infringement cases or defenses. One means of gaining such knowledge, at a reasonable price, involves the presentation of the case or defense to a focus group.

Our attorneys have participated in more than 100 focus group presentations and can cost-effectively test a case before a focus group. Focus groups allow counsel and clients to watch the jury deliberation process and see whether mock jurors understand the difficult information given to them by each side. Focus groups are an excellent learning tool to assist clients in understanding how a real jury could receive the case and rule on it. The results provide clients with the information necessary to make sound business decisions about the value of patent infringement matters and how to proceed.

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