Life Sciences

Why Cooley

At Cooley, we don't just advise on your achievements – we accelerate them. Our collaborative approach draws upon unparalleled experience and our extensive industry network to drive strategic solutions and resolve challenges. With Cooley as your catalyst, you’re not just part of the life sciences industry – you’re shaping it.

We are trusted counsel to 2,500+ public and private life sciences company clients worldwide, including nearly 50% of the Nasdaq Biotechnology Index. We are versed in all aspects of life sciences technologies, delivering an unmatched combination of innovative legal guidance, deep industry knowledge and practical understanding of your needs. Many of our lawyers are backed by a wealth of supporting experience, having been pharmaceutical marketing professionals, business consultants, financial leaders, biotech researchers and in-house counsel at life sciences companies before joining the Cooley team.

Corporate

We leverage decades of experience across a wide range of transaction structures, territories, product stages and technologies to help you achieve your business goals. We regularly work with high-growth and mature companies, as well as entrepreneurs, venture capitalists and financial institutions focused on the life sciences sector.

Venture financing

We are the #1 law firm representing biotech and pharma companies in venture capital financings in the US and globally (PitchBook Annual League Tables, FY 2023).

• ArsenalBio – $325 million Series C
• Capstan Therapeutics –  $175 million Series B
• Angitia Biopharmaceuticals – $121 million Series C
• D3 Bio –  $62 million Series A+
• Outpace Bio – $144 million Series B
• Seismic Therapeutic – $121 million Series B
• NGM Biopharmaceuticals – $122 million Series A

Capital markets

We have been the #1 life sciences law firm for initial public offerings (IPOs) since 2016 (Deal Point Data).

• BioAge Labs –  $198 million IPO*
• Zenas BioPharma –  $225 million IPO*
• Tempus –  $410.7 million IPO
• Alto Neuroscience –  $147.9 million IPO
• Septerna –  $331.2 million IPO*
• Artiva Biotherapeutics –  $167 million IPO
• CG Oncology – $437 million IPO*

* underwriter representation

Mergers and acquisitions

$200+ billion in aggregate deal value for healthcare and life sciences M&A deals since 2019.

• Poseida Therapeutics’ $1.5 billion sale to Roche
• Longboard Pharmaceuticals’ $2.6 billion sale to Lundbeck
• Nerio Therapeutics’ $1.3 billion sale to Boehringer Ingelheim
• ProfoundBio’s $1.8 billion sale to Genmab
• Amolyt Pharma’s $1.05 billion cross-border sale to AstraZeneca
• Horizon Therapeutics’ $3.1 billion acquisition of Viela Bio, $800 million acquisition of Raptor Pharmaceutical and $28.3 billion sale to Amgen

Corporate partnering and licensing

In the last five years, our team has worked on more than 2,300 life sciences partnering matters.

• SystImmune and Bristol Myers Squibb – $8.40 billion deal
• AviadoBio and Astellas – $2.2 billion deal
• Foreseen Biotechnology and Ipsen – $1.03 billion deal
• FutureGen and AbbVie – $1.71 billion deal
• Kura Oncology and Kyowa Kirin –  $1.16 billion deal
• MediLink Therapeutics and BioNTech – $1.07 billion deal

Areas of practice

• Business restructuring
• Company formation
• Compensation and benefits
• Corporate partnering, strategic alliances and joint ventures
• Corporate governance and shareholder engagement
• Debt finance
• Financings
• Fund formation
• Manufacturing, supply and distribution agreements
• Mergers and acquisitions
• Public financings and private placements
• Real estate and facilities acquisition and leasing
• Tax
• Technology transactions
• Vendor and investigator contracting

Litigation

We protect and defend your technologies. We have been at the forefront of representing life sciences companies in complex litigation matters touching on nearly every aspect of the law – from the False Claims Act, fraud abuse and the Racketeer Influenced and Corrupt Organizations Act (RICO) to unfair competition, provider and member disputes, and privacy, consumer and securities class actions.

Experience

• Cooley Secures Dismissal of Derivative Action for FibroGen
• Cooley Secures Dismissal With Prejudice for Aurinia Pharmaceuticals
• Talphera Secures Key Win in Securities Class Action
• Ninth Circuit Affirms BioMarin’s Win in Securities Class Action
• Cooley Secures Win for Sequenom Board in Securities Class Action

Areas of practice

• Antitrust litigation and enforcement
• Class action defense
• Contract and license disputes
• Employment litigation
• False Claims Act/qui tam
• Privacy litigation
• Product liability
• Restructuring, bankruptcy and creditors’ rights
• Securities litigation
• Trade secret litigation

Regulatory

Our regulatory lawyers understand the myriad challenges and opportunities facing the life sciences industry and have deep experience with the rules of this dynamic marketplace. In an environment of evolving laws and regulations, all companies – whether you are a provider, manufacturer, supplier, payor, tech company or investor– must consider the intricate legal and regulatory parameters relevant to their business operations.

Cooley’s life sciences team is part of our CooleyREG offering, through which we combine an understanding of the impact of disruptive advancements – and the regulatory issues that impose risk and slow progress – to help our clients navigate an increasingly complex regulatory landscape. 

Areas of practice

• Advertising, promotional and investor material review
• Antitrust counseling
• Clinical trial agreements
• Corporate governance
• Employment and benefits
• Export control and international trade regulations
• FDA regulatory strategy and compliance
• Government contracts and reimbursement programs, cooperative research and development agreements (CRADAs), National Institutes of Health (NIH) grants
• Privacy and data protection counseling and data breach response
• Transparency/sunshine laws
• US licensure and accreditation
• White-collar investigations and enforcement

Intellectual Property

Cooley’s IP lawyers structure sophisticated IP-based transactions and licensing agreements, formulate global patent prosecution strategies, handle IP diligence pertaining to high-value investments and transactions, assist with trademark selection and clearance, and provide strategic counseling directed toward maximizing the value of your IP assets. We protect your company’s IP in courts across the US and UK and regularly litigate all types of IP cases including patent, trade secret, Section 337 investigations, trademark, trade dress, copyright, false advertising, domain name and licensing matters. With decades of experience in this sector, our lawyers understand the competitive challenges that are unique to life sciences companies and craft IP strategies that help advance your business goals.

Experience

• Geron Corporation Announces up to $375 Million in Funding With Royalty Pharma and Pharmakon Advisors
• Cooley Defeats Patent Infringement Suit for Vifor
• Samsung Bioepis Defeats Emergency Motion for Injunction
• Cooley Defeats Preliminary Injunction for Liquidia in Litigation With United Therapeutics
• Degron Therapeutics’ $1.2 Billion Collaboration With Takeda
• Sight Sciences Announces Successful Patent Infringement Verdict
• Cooley Secures Win for Liquidia to Launch First Product

Areas of practice

• Hatch-Waxman litigation
• Inter partes reviews (IPRs)/Patent Trial and Appeal Board (PTAB) proceedings and reexams (US Patent and Trademark Office)
• Life sciences corporate partnering and licensing
• Life sciences patent counseling and prosecution
• Life sciences IP litigation
• Oppositions, appeals and observations (European Patent Office)
• Patent due diligence (investor-side and company-side)
• Pharmaceutical and medical device branding
• Section 337 International Trade Commission investigations
• Trade secret litigation and dispute counseling