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Wednesday, October 7, 2009
Female-led life sciences IP group works to protect blockbuster drugs
By Julie M. Donnelly
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Law firm McCarter & English LLP scored a coup when it wooed a 12-member life sciences intellectual property team away from boutique firm Lahive & Cockfield LLP. It’s the first dedicated life sciences IP team at McCarter, and since its launch six months ago, it has grown to a team of 21.
One thing that makes the group unique is the number of lawyers who have advanced degrees in the sciences. The other facet of the team is a little more unusual — it is led by four partners who all happen to be women.
For example, Cristin Howley Cowles completed a Ph.D. in molecular biology at Princeton University. The deep science background gives the team instant credibility with biotechnology and big pharma clients. Cowles said of the biggest difference between her life as a scientist and her life as a lawyer: “In science, the successes are so far apart, you have to keep up your stamina. Now, at the end of the day, I can point to four or five things I’ve been able to successfully complete.”
Cowles and her colleagues represent companies’ branded drugs in both patent filing, or prosecution, and in litigation against firms that are potentially infringing on their patents, and defend those companies if they are the target of patent infringement suits. The team also helps clients evaluate the value of a potential partner’s intellectual property.
Another focus of the work is to keep on top of the hot trends in biotech IP, including the debate over potential generic versions of biologic drugs, known as biosimilars. Biologic drugs are made from living cells, not chemicals. So it’s impossible to make an exact copy of a biologic drug. Congress is wrestling with legislation that creates a pathway for biosimilars, and clients are calling the legal team with questions galore.
“We have started to include in patent filings a supplement for protecting against biosimilars,” partner Maria Laccotripe Zacharakis said. One unique issue is to help companies beyond just protecting the recipe for a certain drug. In the case of biosimilars, which involve complicated cell growth procedures, companies may be able to patent their processes as well.
Another controversy in the field surrounds a U.S. Supreme Court review of a case known as Bilski. At issue is whether companies can patent business methods, which could include certain diagnostic tests.
The work is serious, but the partners, who have been working together for 10 years, say they have a lot of fun. The key, team leader Betty Hanley says, is their support for one another. “Each client has two or three lawyers on its team, so each lawyer doesn’t have to be available 24/7. Someone is always available,” Hanley said.
Partner Danielle Herritt said the decision to join McCarter was easier because the team moved together. She said the ethos of balance in the group may have been established by the women, but it’s benefiting everyone.
“We have a male colleague who has decided to walk his child to school this year and come in a little late. There aren’t a lot of firms where you can do that,” she said.
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