White & Case
  Pharmaceuticals and Healthcare

White & Case Industry Groups reflect our commitment to know our clients' businesses. Our Industry Groups bring together lawyers from across multiple practices and disciplines throughout our global network that have an in-depth knowledge of the legal and business issues confronting the industries in which our clients operate. Our industry focus allows us to efficiently and effectively respond to the specialized needs of each of our clients within the industry groups.

Our global Pharmaceutical and Healthcare Industry Group represents many of the leading names in the global pharmaceutical and healthcare industries across the full range of their intellectual property and antitrust needs, including litigation and dispute resolution, as well as their transactional needs, including collaborations and divestitures, content research, licensing agreements, parallel trade, supply agreements and clinical trials.

Clients
Our clients range across the full spectrum of the pharmaceutical and healthcare industries, and include manufacturers and distributors of both over-the-counter and prescription products, as well as other medical devices, and specialty pharmaceutical companies and healthcare service providers.

Broad Expertise
With approximately 100 partners globally, we have broad expertise in handling intellectual property, tax, international arbitration, World Trade Organization (TRIPS), export controls, antitrust, litigation, mergers and acquisitions and Foreign Corrupt Practices Act matters.

In the United States, we have deep experience with defending "reverse payment" cases brought by the US Federal Trade Commission and have litigated some of the most high-profile US patent cases in recent years.

In Europe, we have been involved in reshaping the law on parallel trade as it relates to the pharmaceutical industry. This has involved a succession of initiatives we brought in procedures before the European Commission and in litigation before the European Courts and national competition agencies and courts, as well as contributions to academic congresses and law reviews. The shift in approach to parallel trade in Europe has resulted from our broad-based effort aimed at convincing judges and officials that it is essential to take into account market realities when applying the competition rules.

We also have a strong pharma FCPA practice, and have been working to add greater certainty as to the requirements of FCPA due diligence in transactions involving emerging markets, underlining both our FCPA and our emerging markets mergers and acquisitions expertise.

Many of our Industry Group lawyers hold technical degrees and have specialized training in scientific and technical fields, including molecular biology, genetics, biotechnology, chemistry, pharmaceuticals, applied mathematics, computer science and chemical, biomedical, electrical, and mechanical engineering.

Experience

  • WellPoint, Inc., one of the nation's largest health benefits companies, in its sale of 1-800 CONTACTS, INC., a leading contact lens retailer, to Thomas H. Lee Partners, its related sale of 1-800 CONTACTS'glasses.com business to Luxottica and its prior acquisition of 1-800 CONTACTS, which was sold by private equity firm Fenway Partners.
  • Represented Nycomed Sweden Holding 2 AB in connection with its €9.6 billion divestment of the majority of the Nycomed Group. Concurrently, we also advised the Board of Directors of Nordic Capital Private Equity Fund, the lead private equity fund in the consortium of ultimate sellers (which also included DLJ Merchant Banking Partners). The transaction marks the largest cross-border takeover by a Japanese pharmaceutical company.
  • Achieved a significant victory for Pfizer Inc. in its five-year-old patent infringement dispute with defendants Teva Pharmaceuticals USA Inc. and IVAX Pharmaceuticals, Inc. over its urinary incontinence drug Detrol®. Learn more...
  • Acted for GSK in challenging a 2001 European Commission decision which condemned GSK's new Spanish pricing policy, featuring two prices. Learn more...
  • Represented Par Pharmaceuticals and Paddock Laboratories in their successful joint motion to dismiss the FTC's challenge to the AndroGel® patent settlement. Learn more...
  • Represented the international private equity fund Triton in its US$238.5 million acquisition of Tetra from U.S.-based Pfizer Inc. Learn more... 
  • Acted for Altor Fund III, a leading private equity fund in the Nordic region , in connection with the senior and mezzanine financing of it's acquisition of over 200 pharmacies from Sweden's state owned company Apoteket AB (Apoteket's breakup resulted from our earlier victory in the European Court of Justice). Learn more... 
  • Obtained summary judgment against the claims of direct-purchaser plaintiffs in a so-called "reverse payment" antitrust class action brought against Upsher-Smith Laboratories, Inc. in the United States District Court for the District of New Jersey. Learn more... 
  • Assisted Nycomed, the Danish pharmaceuticals multinational, in obtaining the European Commission's approval for its acquisition of ALTANA Pharma AG from the German company ALTANA AG, a DAX 30 company listed on the Frankfurt Stock Exchange. Learn more...
  • Represent Pfizer, Inc., in a series of eight related patent infringement cases. In all cases, Pfizer sued the generic manufacturer defendants for infringement of one or more patents that cover Lyrica®, a Pfizer drug indicated for treatment of certain types of seizure and pain. Worldwide Lyrica® sales are over US$2 billion annually.
  • Advised Phytopharm plc, a company on the Main List of the London Stock Exchange, on its public placing and open offer and parallel institutional placing to raise funds for the Phase II trials for product candidates targeting Alzheimer's disease and Parkinson's disease, major unmet medical needs. We advised on all legal aspects of the transaction, including securities laws, due diligence and licenses.