Pharmaceuticals and Medical Devices

Practice Contact

John H. Martin
Of Counsel
214.969.1229
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As a full-service firm, Thompson & Knight represents pharmaceutical and medical devices industry clients in all aspects of their operation. We know our pharmaceutical clients from the inside out and the ground up, and thus are able to provide legal support for every facet of their management and growth.

Intellectual Property

Our intellectual property business counsel guides clients' planning and decisionmaking in advertising, distribution, research and development employment agreements, technology transfer and licensing, asset valuation, taxation, and finance. The scope of our legal advice in intellectual property asset management is increasingly cross-border and often multinational -- for example, we manage trademark portfolios with active marks both in the United States and in virtually all of the countries throughout the world. Through all of our clients' international activities, we are at their side to protect both their business interests and intellectual capital.

Thompson & Knight patent attorneys prepare and prosecute U.S. and international patent applications and re-examination proceedings, conduct patentability studies, and prepare and negotiate licensing agreements. Our expertise includes industry-specific and knowledgeable strategic business counsel regarding registration and prosecution of marks, royalties, infringement and remedies, counterfeiting actions, trade secrets, and business method protection programs. We also have extensive experience in the protection of intellectual property such as patents, trade secrets, trademarks, trade dress, service marks, and copyrights. And when conflicts arise regarding the intellectual property of our client and that of a competitor, we offer clients the skills of trial lawyers with years of courtroom experience litigating intellectual property issues.

Transactional

Thompson & Knight attorneys advise and assist pharmaceutical research and production companies of all sizes and in all stages of their corporate growth. We counsel clients in formation and reorganization, international and domestic corporate operations, joint business ventures and other projects, and the sometimes obscure potential for antitrust violations and other liability considerations.

Our attorneys assist in the formulation, negotiation, and documentation of all types of financing for our pharmaceutical and medical device clients, enabling their companies to grow and diversify into new products and business ventures. Additionally, we counsel clients regarding employee stock options, shareholder rights agreements, stock purchase agreements, and the private placement of debt. As many of our clients are public companies, we assist with Securities Exchange Commission reporting requirements and other SEC matters.

Because pharmaceutical and medical device companies require substantial real estate, we assist them in purchasing, expanding, and leasing facilities for research, manufacturing, warehousing, and distribution. We also have expertise in addressing and resolving such contemporary land and property use issues as complicated leasing and use provisions, telecommunications licensing, electricity services contracts, asbestos and other hazardous material containment and removal, indoor pollution, and attendant conflicts with legislative or regulatory compliance.

Trial

Thompson & Knight trial lawyers represent a wide range of pharmaceutical and medical device clients, including many national and international manufacturers and distributors, and frequently serve as statewide counsel in individual injury and mass tort cases. We have represented clients in this industry for many years and are adept at defending cases in which plaintiffs allege harm caused by drugs or medical devices. Our attorneys have extensive experience in a range of suits, from those brought by a single plaintiff to cases involving mass torts and class actions, and have defended drug and medical device manufacturers and suppliers from pre-trial hearings through trial and the appeals process. Where appropriate, our representation includes participation in mediations and arbitrations that resolve disputes out of court.

Thompson & Knight attorneys develop compliance strategies for environmental, health, and safety standards, such as those enforced by the Occupational Safety and Health Administration and the Environmental Protection Agency, and assist clients in inquiries, investigations, compliance audits, and strategies for managing environmental, health, and safety liabilities. We also have experience as national environmental counsel to multinational pharmaceutical industry clients, assisting in the acquisition and disposition of pharmaceutical manufacturing facilities as well as in environmental permitting, enforcement, and compliance counseling relating to air emissions, wastewater and storm water discharges, management of industrial and hazardous wastes, and groundwater and soil contamination.

Thompson & Knight's experience in the pharmaceutical and medical device industry enables our attorneys to understand the special employment issues of research and production facilities. We counsel clients regarding all federal, state, and local laws applicable to employers; represent clients in contract negotiations, investigations, and hearings; and draft and review personnel policies, employee manuals, employee education, and employment enhancement programs. Our attorneys also represent clients in the resolution of workplace injury, labor, and employment disputes through mediation, arbitration, agency proceedings, and litigation.