Biotechnology Becomes a Hot Commodity in Law Firm Practices

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Biotechnology Becomes a Hot Commodity in Law Firm Practices [by Danielle Cohen] As the biotechnology field continues to grow--from the creation of genetically engineered foods to the mapping of the human genome--so, too, does the law field representing it.

Law firms are developing and expanding

the control of intellectual property through

did not receive its widely expected FDA ap-

their biotechnology practices, bulking up

patents.

proval.

patent, intellectual property, and regulatory

“Intellectual property is absolutely the most

Michael Gaba, a partner at Holland Knight

practice areas, as well as those with knowl-

important issue for biotechnology compa-

LLP, said the legal field is “playing catch up”

edge in science and research.

nies, along with efficacy and safety,” said Mr.

to a biotech industry that keeps “pushing the

Harder, who specializes in corporate securi-

envelope.”

their staffs with lawyers experienced in

In October, Winstead, Sechrest & Minick

ties transactions.

P.C. launched a full-service biotechnology

“As far as legal issues a company has in

practice at its firm in The Woodlands, TX.

Mr. Harder recently closed a $37-million-

dealing with a breakthrough technology, they

About 25 of the firm’s 320 lawyers work on

investment deal for the biopharmaceutical

clearly have issues related to intellectual

biotech cases.

company Rejuvenon Corp., which has since

property,” Mr. Gaba said. “The complexity of

started clinical trials for two drug candidates

the technology relates to the complexity of

“We see a real opportunity out there in

that could combat weight loss associated

the legal issues.”

biotechnology,” said Jeff Harder, head of the

with cancer.

firm’s biotechnology practice. “This was kind

Mr. Gaba co-chairs Holland & Knight’s

of a hot topic in 1985 as being ‘the next great

This past summer, Mr. Harder also worked

75-member Health Law team and the

thing,’ and here it is almost 2005 and it still

on a transaction for the Galveston biophar-

25-member Food and Drug team at its

is a hot topic and still ‘the next big thing.’

maceutical company Chrysalis BioTechnol-

Washington,DC, office, which provides a

That’s the staying power and potential of

ogy Inc., in which the company was bought

full range of services to biotechnology,

biotechnology.”

for $37.5 million by OrthoLogic Corp. and

pharmaceutical and medical-device clients,

went public.

including corporate finance and structuring,

Biotechnology is to law firms today what the

intellectual property litigation and regula-

hi-tech industry was to law firms in the 1990s

Numerous major lawsuits have popped up

tory components at the federal level and in

with the explosion of practices focusing on

within the biotech industry over the past few

several states.

Internet- and telecommunications-related

years.

The firm, which works with approximately

needs.

In 2000, U.S. farmers filed a class-action

a dozen biotech-related clients at a time,

According to the Biotechnology Industry

lawsuit against the makers of StarLink,

has had its health team for many years but

Organization, based in Washington, DC,

a bio-engineered corn that accidentally

started its food and drug team about a year

the world’s largest biotechnology associa-

entered the food supply, alleging StarLink

ago.

tion and advocacy group, there are more

hurt their business. The case was eventually

than 1,400 biotechnology companies in this

settled for $112.2 million.

country.

Mr. Gaba, who specializes in legislative and litigating healthcare practices, has worked

In 2002, the biotech firm ImClone Systems

with many clients on “combination products,

Among the hot-topic legal issues in bio-

Inc. was involved in a high-profile case when

such as medical devices that are part device

technology practices are the creation and

its former chief executive, Sam Waksal, was

and part biotechnology,” including a device

regulation of genetically engineered food and

convicted for insider trading after ImClone’s

with human skin cells that can aid a diabetic

drugs, investor/shareholder lawsuits, and

experimental cancer drug, Erbitux, initially

with a foot ulcer generate new skin and a

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surgical patch that includes bovine pericardium to help heal wounds.

Perhaps the biggest day in science recently was the announcement in 2000 that scientists had mapped the human gene. In the years since, numerous requests have come from various companies seeking patents related to the project from the U.S. Patent and Trademark Office.

Dale Rieger, a principal with Fish & Richardson P.C.’s San Diego office, specializes in U.S. and foreign biotech and pharmaceutical patent prosecution. Biotech is one of the leading sectors in southern California.

Mr. Rieger, who holds a Ph.D. in organic chemistry and worked as a research scientist for 15 years before moving on to patent law, has worked mainly with small- to mid-size biotech and pharmaceutical companies. One client is in Phase 3 clinical trials on a new treatment for pulmonary arterial hypertension, a potentially fatal disease. Another client is working on asthma treatments for individuals who cannot use standard inhalers.

Mr. Rieger said the law field’s involvement with biotechnology is “a little of the chicken and the egg.

“As one expands, the other will go with it,” he said.

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