Appellate & Supreme Court
Our Appellate team has extensive experience representing pharmaceutical clients before the Supreme Court, the Federal Circuit and other appellate courts in matters involving the patentability of scientific innovations. In 2005, Practice Group Chair Josh Rosenkranz successfully represented Merck KGaA in a Supreme Court case that the National Law Journal described as “the most significant patent infringement case to confront the biotech and pharmaceutical industries in a generation.” And last term, we filed an amicus brief in the Supreme Court’s Mayo v. Promethius matter on behalf of Health Law, Policy, and Ethics Scholars in support of the patent owner. Some of our Federal Circuit cases include Central Admixture Pharmacy Services (vs. Advanced Cardiac Solutions), and Novartis (v. Genetics Institute) and we are currently handling a high-stakes patent dispute involving genetically modified organisms.
Members of our team also represented Humana Inc. in a Ninth Circuit class action involving preemption under the Medicare Prescription Drug Improvement and Modernization Act of 2003. During his time at the DOJ, Orrick Appellate Partner Mark Davies represented the views of the U.S. Patent Office and other federal agencies in numerous appellate proceedings involving the pharmaceutical industry, including Supreme Court matters (e.g., SmithKline v. Apotex and Merck KG v. Integra Lifesciences), and influential Federal Circuit decisions (e.g., Enzo v. Gen-Probe and Eli Lilly v. Washington).
Orrick’s Insurance Group has extensive experience providing insurance counseling and obtaining insurance recoveries for many companies in the healthcare industry. Orrick’s insurance litigators have collected over US$1 billion in insurance proceeds for mass tort liabilities incurred by pharmaceutical and medical device companies. Of particular note and as mentioned above, Orrick served as counsel to Wyeth and various Wyeth entities in its mass product liability insurance matters, including coverage disputes relating to contraceptives, diet drugs, analgesics, cough and cold medications, childhood vaccines and other products.
Investigations | FCPA
Recognized by Chambers for our excellence in advising on “the U.S. Foreign Corrupt Practices Act and Sarbanes-Oxley-related investigations,” we are representing Genentech in FCPA litigation and a Fortune 100 pharmaceutical company in allegations of off-label marketing. We currently represent numerous other companies and individuals in the healthcare field in connection with a wide range of investigations and enforcement actions.
Employment Law & Litigation
Orrick’s employment lawyers have successfully defended clients such as Wyeth, Genentech and Lawrence Livermore National Laboratory in discrimination and whistleblower matters. We also offer one of the nation’s leading trade secrets and wage-and-hour defense practices.