Overview
Kirkland has an established practice for clients in the biotechnology, pharmaceutical and life science industries. Our representations in this field range from some of the world’s largest pharmaceutical companies to biotechnology companies still in the development stage, as well as private equity and venture capital investors. We represent companies based in the United States, the United Kingdom, Europe, Canada and Asia.
Our practice is unique in the diversity of our clients and the range of the work undertaken. Because we represent major international companies, growing NASDAQ businesses and much smaller startups, we see business arrangements from all perspectives and fully understand the diverse needs of the partners to a particular arrangement in this complex field. Our representations of mid-size and smaller companies also mean that we have direct experience dealing with the business development functions of these clients and negotiating with in-house teams from larger partners. Equally, we bring to our large clients the business experience obtained from acting in a large number of matters for smaller clients.
Litigation
Our litigation practice includes patent infringement and trade secret misappropriation cases, antitrust claims brought by both government and private plaintiffs, and significant product liability cases including class actions. We have an extensive and unparalleled jury and bench trial record in these high-tech cases, and a sophisticated appellate practice to protect our clients’ successes at the trial level. In its annual survey, “Who Protects Innovation in America,” IP Law & Business ranked law firms used by “The World’s 50 Most Innovative Companies,” a list compiled by BusinessWeek and the Boston Consulting Group. Kirkland’s Intellectual Property Practice Group ranked third in “IP Litigation” and tied for fourth place in the overall category, “Firms with the Most Mentions.” In the 2008 IP Law & Business patent litigation survey entitled “Never a Dull Moment,” Kirkland was again on the list of most active firms. Kirkland placed third overall for the total number of patent cases handled in 2007. Kirkland also ranked second for number of patent defense cases handled and sixth for the number of appellate cases handled.
Transactions
Our practice includes the full range of strategic alliances typical in the life sciences field as well as acquisitions and divestitures. We routinely handle joint ventures and equity investments, development agreements, licenses of products or technologies, university and government license arrangements, manufacturing and supply arrangements, and distribution, co-marketing and co-promotion transactions. We have also handled off-balance sheet transactions and the full range of public and private financing transactions.
Counseling
We advise our clients on transactions that may be subject to antitrust scrutiny, including co-marketing and co-promotion arrangements, vertical distribution and pricing arrangements and transactions relating to products that are subject to generic challenge. We work with government agencies as appropriate, including in relation to Hart-Scott-Rodino and European Commission filings that may be required for exclusive licenses and other transactions. We are also experienced in the difficult patent misuse issues that arise in common biotech deal structures.
Health Care Legal Services
In addition to handling transactions, litigation and counseling for biotechnology, pharmaceutical and life science companies and investors, Kirkland has also provided the same services to major health care organizations. Our practice represents an integrated approach to health care issues. Representing providers, investors and insurers, we have analyzed health care issues from every perspective, including the regulatory implications and risk of litigation.
Members of our Group
Attorneys working in the life sciences field include lawyers with technical backgrounds, including genetics, biophysics, chemistry and biochemistry and are located in all our offices. In any matter, we bring to bear the experience of all groups within the Firm as we help our clients develop commercialization or litigation strategies.
