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Expertise

Litigation/Arbitration

We represent clients in litigation and arbitration proceedings concerning a broad range of issues, including:

  • Entitlement, validity and infringement of patents, SPCs and other IP rights;
  • Disputes arising out of licensing, non-disclosure, R&D, technology transfer, manufacturing, distribution and clinical trials agreements;
  • Product liability, product recall and medical malpractice matters.
Transactions

  • R&D, licensing, IP and technology transfer, manufacturing and distribution agreements;
  • Joint ventures;
  • Mergers & Acquisitions;
  • Venture capital and private equity.
Advice and Regulatory

  • Human research matters, human biological materials, genetic testing and medically assisted procreation;
  • Complex international clinical trial agreements;
  • Bio-banking;
  • Procedures before Swissmedic, health authorities and administrative courts;
  • Compliance and investigations;
  • E-health and medical software;
  • Competition law.

Deals and Cases

  • Representation of MerckSerono against a major U.S. pharmaceutical group in a high-profile arbitration (USD 2 billion) arising out of a patent license agreement.
  • Representation of major pharmaceutical companies in patent disputes before the Swiss Federal Patent Court.
  • Representation of physicians and hospitals in medical malpractice cases.
  • Representation of private hospitals in litigation cases regarding hospital financing by the government and by insurance companies.
  • Representation of U.S. pharmaceutical company in a USD 210 million arbitration against German pharmaceutical company concerning non-compliance with GMP and supply of deficient drug product.
  • Advice to Nestlé on a regular basis on R&D and clinical trials agreements as well as regulatory aspects.
  • Product liability litigation regarding defective hip prosthesis.