United Kingdom: Barristers Juniors Joe Delaney Three New Square Chambers Thomas Hinchliffe Three New Square Chambers Andrew Lykiardopoulos 8 New Square Chambers of Mark Platts-Mills QC Thomas Mitcheson Three New Square Chambers Adrian Speck 8 New Square Chambers of Mark Platts-Mills QC degree which included a thesis on pharmaceutical research and development. Commentators say he is a real fighter who isn t scared to get stuck into the finer details and go into battle wholeheartedly. He is also praised for his meticulous and detailed preparation. Thorley and Waugh are both at Three New Square. Engineering graduate James Mellor QC at 8 New Square is another young silk winning plaudits and developing nicely in the life sciences area. Justin Turner QC graduated as a bachelor of veterinary medicine and went on to gain a PhD in immunology before working as a consultant scientist at the International Laboratory for Research into Animal Disease. He arrived at the Bar in 1992 and took silk last year. Commentators rate him as a user-friendly, hands-on and bright new silk. Popular with solicitors and industry clients, he is a tenant at Three New Square. At the same set, Anthony Watson QC is a seasoned silk who is noted for his flair in advocacy. Watson is great at handling the judge and well able to pull off any number of crafty courtroom manoeuvres. Barristers: Juniors Natural sciences graduate Joe Delaney was only called to the Bar in 2006 but is already winning rave reviews as a barrister who is mature beyond his years and who is destined to go all the way to the top. Thomas Hinchliffe holds a degree in chemistry and pound for pound has probably done more life sciences litigation than any other junior at the Bar. Both are based at Three New Square. 8 New Square s Andrew Lykiardopoulos is rated extremely highly and was previously a solicitor-advocate with Bristows. Natural sciences graduate Thomas Mitcheson at Three New Square is lauded as a first-class thinker who is well liked by judges and a highly popular choice on the circuit. Among the juniors at 8 New Square, physics graduate Adrian Speck stands out as one of the most promising young barristers in this area. United States Best of the best Overview While the United States is undoubtedly the largest and most important single market, its sheer size and the divergent conditions for litigating life sciences patent cases from state to state have generated a number of local markets instead of a single unified scene. However, a few names have risen to national prominence and would be recognised anywhere in the United States, as well as further afield. This table identifies those leading practitioners. One of the best pharmaceuticals patent litigators ever is the consensus among commentators on Robert L Baechtold of Fitzpatrick, Cella, Harper & Scinto. He is recognised across the country and has many disciples who have benefited from his mentoring over the years, demonstrating the value of his contribution to the market. He specialises in representing pharmaceutical innovators and is noted for his Paragraph IV expertise, among numerous other areas. Some speculate that Baechtold is nearing the end of an illustrious career, but his seniority and depth of experience make him a key rainmaker at the firm. Leora Ben-Ami of is another leader in the market, with exceptional 32 IAM Life Sciences 250 www.iam-magazine.com
US: Best of the best Robert L Baechtold Fitzpatrick, Cella, Harper & Scinto Leora Ben-Ami Morgan Chu Irell & Manella LLP Donald R Dunner Finnegan Henderson Farabow Garrett & Dunner LLP Dianne B Elderkin Akin Gump Strauss Hauer & Feld LLP Ford F Farabow Finnegan Henderson Farabow Garrett & Dunner LLP James Ferguson Mayer Brown LLP E Anthony Figg Rothwell, Figg, Ernst & Manbeck, PC William F Lee Wilmer Cutler Pickering Hale and Dorr LLP Charles E Lipsey Finnegan Henderson Farabow Garrett & Dunner LLP David T Pritikin Sidley Austin LLP See p45 See p46 See p51 feedback extolling her immense talent, fearless courtroom style and great judgement, all backed up by a wealth of experience. She has acted on many of the most significant cases in the market for clients including Pfizer, Wyeth and Elan Pharmaceuticals; she spends a larger proportion of her time on life sciences patent litigation than many of her competitors, enhancing her great reputation and expertise in the area. The complete loyalty of her team is seen as further testament to the quality of her practice and her prestigious standing. The star of the West Coast, Morgan Chu chairs the litigation group at Irell & Manella LLP. He maintains a diverse portfolio of patent litigation work in a variety of industries, but is such a terrifically impressive practitioner that he is very hot property in the life sciences patent litigation market. He is particularly well regarded for his plaintiff-side representation. Donald R Dunner of Finnegan Henderson Farabow Garrett & Dunner LLP is the master at federal circuit appeals with a very strong, impressive style and practice that plays a major role in making Finnegan what it is. His life sciences expertise lies predominantly in pharmaceuticals and biotechnology. Dianne B Elderkin is very hot news right now, having scored a major victory in Abbott GmbH & Co KG v Centocor Ortho Biotech Inc, winning damages of US$1.67 billion for Centocor amounting to the largest jury verdict ever in a US patent case. This triumph has significantly boosted Elderkin s already prestigious reputation and practice, which she has recently taken with her from Woodcock Washburn to Akin Gump Strauss Hauer & Feld LLP in Philadelphia. You want Ford F Farabow for a jury case, say interviewees of the Finnegan Henderson Farabow Garrett & Dunner LLP stalwart, due to his great charm and experience. Mayer Brown LLP partner James Ferguson has won national renown for his work for innovators on biotech, pharmaceutical and medical devices industries cases. His Hatch-Waxman litigation is singled out for particular praise, along with his uncanny ability to present and convey the most complex issues in a comprehensible way. Definitely one for the top of the list is Anthony Figg of Rothwell, Figg, Ernst & Manbeck, PC. Smart and experienced, he is noted for his abbreviated new drug application (ANDA) and general pharmaceutical patent litigation expertise. William F Lee brings top-flight knowledge and experience to Wilmer Cutler Pickering Hale and Dorr LLP. While he maintains a broad patent litigation practice, his exceptional intellect enables him to provide www.iam-magazine.com IAM Life Sciences 250 33
Illinois 1 James Ferguson Mayer Brown LLP David T Pritikin Sidley Austin LLP 2 Thomas J Filarski Brinks Hofer Gilson & Lione Robert F Green Leydig Voit & Mayer John Kilyk Leydig Voit & Mayer Joseph Mahoney Mayer Brown LLP Edward Mas McAndrews Held & Malloy Ltd New York Overview New York City is home to the largest stable of life sciences patent litigation lawyers in the United States, with many of the individuals on the table specialising in pharmaceutical and biotechnology cases. While nearby states New Jersey and Delaware remain the favoured forums for patent litigation, cases are often led by lawyers based in New York. The sheer number of firms sets the tone for this competitive market, with country-wide market leaders Robert Baechtold and Leora Ben-Ami receiving nigh-unanimous praise for their wealth of experience and depth of expertise. The quality of those whom we have placed in bands two and three is also exemplary, with many appearing in matters and attracting praise that would assure them a place in the top tier elsewhere; the hardfought nature of the New York market and the lofty profiles of Baechtold and Ben-Ami, however, preclude anyone else from reaching the pinnacle at present. One Fitzpatrick, Cella, Harper & Scinto founding partner Robert Baechtold is a venerable pharmaceutical litigator, recognised across the United States for his longstanding contributions to the field. Guru, lion, dean and sage are all epithets applied to this stellar advocate who remains central to the firm s practice, though market commentators note that he is less hands-on than in previous years. Over the last four decades, he has distinguished himself in many cases concerning pharmaceuticals and biotechnology patents, for clients including Bristol-Myers Squibb, Pharmacia, Novartis, Merck, AstraZeneca, Astellas Pharma and Sanofi- Aventis. Leora Ben-Ami of Kaye Scholer is a first-rate patent litigator who has extensive experience in life sciences, especially in biotechnology and pharmaceutical cases. This is thanks in part to her adoption of an intense focus on the area in comparison to many of her peers; another factor is her popularity with biotechnology, medical devices and pharmaceuticals players, including Pfizer. Two At Kenyon & Kenyon, Richard DeLucia is recognised for his experience in complex technical patent litigations, including pharmaceutical and biotechnology cases. Sources deem him a highly capable litigator. Also at the firm is Steven Lee, a patentfocused practitioner praised for his deep technical knowledge ; he has handled matters for a range of companies including Teva Pharmaceuticals USA. John Desmarais maintains a broad IP litigation practice at Kirkland & Ellis; he is recognised as a very effective litigator, with experience in a wide range of patent cases. Dimitrios Drivas, the chair of White & Case s global IP practice group, has a special focus on patent litigation, recently achieving a favourable result for Pfizer against Teva Pharmaceuticals USA and IVAX Pharmaceuticals; he also represented a major international pharmaceutical company in a patent infringement, fraud and business tort action against US and foreign affiliates of a generic drug manufacturer. He is admired for his significant trial experience in high-profile cases. Jesse Jenner of Ropes & Gray is well www.iam-magazine.com IAM Life Sciences 250 37
New York 1 Robert L Baechtold See p45 Fitzpatrick, Cella, Harper & Scinto Richard G Greco See p55 Leora Ben-Ami See p46 Nicholas Groombridge Weil Gotshal & Manges LLP 2 Richard L DeLucia Kenyon & Kenyon LLP John M Desmarais Kirkland & Ellis LLP Dimitrios T Drivas White & Case LLP Jesse J Jenner Ropes & Gray LLP Steven J Lee Kenyon & Kenyon LLP Gerald Sobel Errol B Taylor Milbank Tweed Hadley & McCloy LLP 3 Peter J Armenio PC Quinn Emanuel Urquhart Oliver & Hedges LLP See p50 See p62 See p75 Robert J Gunther Wilmer Cutler Pickering Hale and Dorr LLP Edgar H Haug Frommer Lawrence & Haug LLP Denise L Loring Ropes & Gray LLP S Peter Ludwig Darby & Darby PC Thomas J Meloro Willkie Farr & Gallagher LLP Frederick H Rein Goodwin Procter LLP Henry J Renk See p72 Fitzpatrick, Cella, Harper & Scinto William E Solander See p76 Fitzpatrick, Cella, Harper & Scinto Patricia A Carson Laura Coruzzi Jones Day See bio p48 Barry S White Frommer Lawrence & Haug LLP John P White Cooper & Dunham LLP Kevin J Culligan Goodwin Procter LLP Edward V Filardi Skadden Arps Slate Meagher & Flom LLP Gerald J Flattmann Jr Kirkland & Ellis LLP respected for his longstanding contributions to the field; he maintains a broad IP practice, with medical device cases being an area of expertise. Gerald Sobel of Kaye Scholer is recognized internationally for his pharmaceutical work; his many years of experience, knowledge and professorial style make him a highly effective litigator, according to sources. However, some go on to speculate that this class act may be nearing retirement. Representing AstraZeneca 38 IAM Life Sciences 250 www.iam-magazine.com
and Merck, Errol Taylor of Milbank Tweed Hadley & McCloy has a very strong reputation for his work handling complex pharmaceutical and chemical patent litigations. Three The highly regarded Peter Armenio of Quinn Emanuel Urquhart Oliver & Hedges handles a wide range of IP litigation, representing clients such as GlaxoSmithKline and Tyco Healthcare Group. At Kaye Scholer, Patricia Carson handles cases for Genentech and Wyeth; she is a very impressive pharmaceutical litigator. Working with Carson is Richard Greco, noted for his thorough preparation. Deemed a smart, hard worker by interviewees, Laura Coruzzi of Jones Day handles a broad range of patent matters. A recent work highlight is her representation of Myriad Genetics and University of Utah Research Foundation in a gene patenting case. Kevin Culligan is a recent addition to the Goodwin Procter litigation team; his main focus is on medical device and pharmaceutical cases. Edward Filardi heads up Skadden Arps Slate Meagher & Flom s patent litigation practice; he is commended for his extensive experience in highly technical cases and multi-jurisdictional work. Gerald Flattmann of Kirkland & Ellis is a tenacious litigator with expertise in the full range of pharmaceutical and biotechnology patent matters; he represents clients such as sanofi-aventis and Forest Labs. Nicholas Groombridge co-chairs Weil, Gotshal & Manges patent litigation practice. He has a large portfolio of biotechnology and other life sciences clients, and particular expertise in trial work at the appellate level. While life sciences matters make up the majority of Robert Gunther s work, he is also involved in new technology litigations, earning praise for his complete command of cases ; he can be found at Wilmer Cutler Pickering Hale and Dorr. Name partner Edgar Haug of Frommer Lawrence & Haug maintains a diverse IP and competition law practice, with a particular emphasis on complex technical litigations. Fellow founding partner Barry White is a formidable adversary ; he offers a comprehensive array of services for pharmaceutical companies and has a particular forte in ANDA litigations under the Hatch- Waxman Act. Denise Loring of Ropes & Gray is commended for her work representing clients such as AstraZeneca; she is thoughtful and calm under pressure. Peter Ludwig of Darby & Darby is recognised for his strong biotechnology practice, although market commentators speculate that he is now less involved in day-to-day cases. Thomas Meloro of Willkie Farr & Gallagher LLP is a pleasure to work with ; he maintains a general IP litigation practice, with a focus on pharmaceutical, chemical and medical device cases. Specialising in pharmaceutical patent litigation, Frederick Rein of Goodwin Procter is a key member of the team, praised for his strong practice. The strategic-minded Henry Renk of Fitzpatrick, Cella, Harper & Scinto is praised for his ANDA-related litigation work. He has represented companies such as AstraZeneca, Bausch & Lomb and Merck, and interviewees acclaim his deep understanding of the Hatch- Waxman Act. At the same firm, William Solander maintains a broad litigation practice, with particular expertise in patents; he garners praise for being a tough, in-the-trenches style litigator. John White of Cooper & Dunham LLP is recognised for his multi-jurisdictional work. Sources say he is a strong practitioner in the biotechnology field, with recent work highlights including representing academic organisations such as The Kennedy Institute and Columbia University. Rest of US Overview This table identifies the top practitioners in the United States based outside of California, Washington DC, Illinois and New York. Those with exceptional profiles and work over the last year are recognised in band one; to avoid drawing dubious comparisons between lawyers across disparate markets, the rest have all been highly recommended by IAM 250, reflecting the feedback of their clients and peers. One William Lee of WilmerHale is seen as a leading light, one of the greats and as good as it gets in patent litigation. He is noted for his longstanding contributions to the field and www.iam-magazine.com IAM Life Sciences 250 39