Our services to life sciences companies include:
With a nationwide team of IP attorneys ranked among the top patent firms by IP Today – a team that includes more than 40 registered patent attorneys and agents, including many with advanced degrees in specific technical disciplines as well as extensive business experience in life sciences and related industries – Fox provides diverse perspectives and informed strategies for the development and management of intellectual property assets. Example areas of knowledge include pharmaceuticals, genomics, drug delivery, medical devices, medical imaging and other diagnostic technologies and bioinformatics. Clients trust in our attorneys’ knowledge of the science, technology and principles that drive the development and creation of new ideas, inventions and works in the life sciences industry.
We represent clients in the full spectrum of intellectual property matters: patents, trademarks, copyrights, licensing, due diligence analysis, IP audits as well as enforcement strategy and litigation. We help life sciences companies analyze their IP portfolio to assess its suitability for meeting their financial metrics and business plans. As a company grows, we serve as a trusted adviser and partner, assisting with licensing and portfolio management and continually assessing IP assets to strengthen and protect IP capital.
Our attorneys also have decades of experience representing clients successfully in IP disputes in the courtroom, before administrative agencies and arbitration panels and in settlement.
Licensing and Technology Transfer
Many of today’s innovative life science technologies were originally conceived in universities, hospital-based research institutions or government-backed research laboratories. To bring these technologies to market, the research institution must find a private partner to provide the needed funding and business expertise. Our attorneys understand the different needs of the research institution and the private industry partner in such transactions and know that the path to market differs depending on the nature of the technology. We represent both research institutions and private companies in technology transfer transactions, and we are dedicated to helping our clients efficiently and strategically negotiate technology-related agreements.
Venture Capital and Finance
We assist startup, growth-stage and established life sciences companies with various types and stages of investments, including seed, angel, venture capital, private and public equity, and senior and mezzanine debt. We also represent investors in life science companies, including venture capital firms and angel investors. Life sciences companies need experienced counsel on their side to help them guard against potential pitfalls that can occur during the various stages of growth and development. Fox Rothschild attorneys have established relationships throughout the angel financing, venture capital, private equity, hedge fund and financial services communities.
Regulatory and Compliance
The FDA has increased its scrutiny of the safety of pharmaceuticals, devices and other products generated by life sciences companies while simultaneously placing a renewed emphasis on compliance. Fox Rothschild attorneys help clients develop, implement and operate targeted compliance and business programs (including marketing initiatives) to prevent, detect and remedy legal and regulatory violations.
Our attorneys advise clients on compliance with FDA requirements concerning such issues as recordkeeping, safety reporting, drug development strategies, GMP and GLP compliance and advertising. We assist clients in formulating strategies for manufacturer recalls of FDA regulated products and help them identify alternative options available in the market consistent with their business strategies. Additionally, we work with clients on compliance related to PDMA, particularly in the realm of strategizing on drug pedigrees and distribution of drug samples.
Our attorneys are also fluent in the fraud and abuse laws governing the life sciences industry, including the anti-kickback law, False Claims Act and SEC whistleblower rewards program. We help companies respond to internal investigations and provide aggressive litigation defense when required. Additionally, we use our in-depth knowledge of insurance law to help clients navigate the coverage issues hiding behind each compliance issue, within every transaction agreement and underlying every litigation.
Mergers and Acquisitions
For most life sciences companies, an exit through a merger or acquisition may be the alternative to an IPO. Fox Rothschild guides life sciences companies in merger and acquisition transactions through to successful closings. We deliver responsive representation and practical advice at every stage while never losing sight of our clients’ larger goals for corporate growth and maximum economic benefit. Our M&A experience is deep and varied. We serve as outside counsel to many publicly traded corporations, handle major acquisitions and divestiture activity for hundreds of middle-market businesses and buy and sell local companies for our smaller clients. We also handle international acquisitions for companies looking do to business in the United States and for U.S. companies expanding abroad.