Barton serves clients in virtually every area of the healthcare and life sciences fields.
We’ve represented companies that specialize in areas such as:
Many companies we represent are on the forefront of medical innovation, exploring such fields as cancer research; stem cell research; genome sequencing, microarrays, and analysis; artificial intelligence; digital therapeutics; and diagnostic recognition technology. Our team has also represented academic medical centers, laboratories, pharmacies, multi-facility hospital systems, and weight loss & wellness clinics.
We have extensive industry experience regarding intellectual property matters, including protecting our clients’ valuable patents, trade secrets, and other critical intellectual property; defending against inaccurate claims of infringement or misappropriation; arranging licensing; defending against trademark infringement and false advertising; acquiring pharmaceutical and biotechnology assets and intellectual property; and clearing barriers to market entry. We also litigate Hatch-Waxman claims, claims under the Biologics Price Competition and Innovation Act, and other patent, trade secret, and intellectual property claims.
Barton assists pharmaceutical, biotechnology, healthcare, and other life sciences companies with corporate matters related to mergers & acquisitions and raising capital through preferred stock offerings, convertible promissory notes, Series A/B/C funding rounds, debt financings, convertible debt financings, and PIPE offerings. We have negotiated licenses for artificial intelligence platforms to major hospital systems for patient scheduling and drug research. On the flip side, our team has also represented venture capital and private equity funds that focus their investments in healthcare and life sciences.
Our cybersecurity and data privacy team counsels companies governed by HIPAA and other health-related data regulations. These services encompass cybersecurity audits, training, and remediation; electronic medical recordkeeping best practices; and the ethical use of artificial intelligence in clinical decision-making.
As a firm, we are adept at litigating, negotiating, and arbitrating disputes that arise regarding any and all of these issues and throughout all stages of companies’ evolution and development.
Advised a healthcare-focused software company in 401(k) testing and post-acquisition planning. Also advised regarding complex M&A issues post-closing in 401(k) and employee benefits.
Successfully represented leading decontamination and disinfection company in cutting-edge patent and trademark litigation, validated company’s patented technology, and secured and strengthened its market-leading brand.
Successfully represented biopharmaceutical company in asserting its crown-jewel patents relating to humanized antibodies and obtained lucrative licenses from market-leading pharm company for four blockbuster biologic drugs.
Won multiple summary judgments of noninfringement for leading pharmaceutical company in patent lawsuit targeted at its billion-dollar cancer drug and its international cancer research program.
Successfully assisted biosimilar manufacturer in invalidating key blocking patents, overcoming multiple barriers to entry, navigating the BPCIA, and launching major biosimilar antibody product several years ahead of schedule.
Won trial court and Federal Circuit victories and obtained a permanent injunction for leading pharmaceutical company in Hatch-Waxman patent case involving billion-dollar anti-ulcer, heartburn, and acid reflux drug.
Successfully obtained freedom to operate for biopharmaceutical company in high-stakes inventorship litigation over 37 US and international patents concerning peptide therapies that stimulate red blood cell formation.
Won trial for pharmaceutical company in high-stakes Hatch-Waxman patent litigation involving client’s best-selling anesthetic drug and obtained a permanent injunction blocking market entry by competitor on all three asserted patents.
Novo Nordisk A/S et al v. Indian Lake Medical Weight Loss & Wellness Inc., No 3:2023cv00650 (M.D. Tenn 2024) -- Represented Tennessee-based health clinic Indian Lake Medical Weight Loss & Wellness in a lawsuit filed by pharmaceutical giant Novo Nordisk alleging trademark infringement. Novo Nordisk claimed that our client had used its Ozempic and Wegovy trademarks to sell a different product, namely compounded semaglutide. We were able to settle the matter favorably for our client, without an injunction. Novo Nordisk has filed over two dozen similar lawsuits, and this was the first to be settled without an injunction attached.
Novo Nordisk Inc. v. DCA Pharmacy, No. 3:2023cv00668 (M.D. Tenn 2024) -- Represented DCA Pharmacy (a Tennessee-based compounding pharmacy) against a claim from pharmaceutical giant Novo Nordisk. Novo Nordisk alleged that our client’s production of compounded semaglutide violated the Tennessee Drug Control Act. Barton achieved a favorable outcome for our client, with Novo Nordisk ultimately agreeing to dismiss the case.
Advised the Leukemia & Lymphoma Society regarding various employment issues
Has served as negotiator in collective bargaining for museums and other cultural institutions, manufacturers, art auctioneers, and hospitals.
Represented CoreMedica Laboratories, Inc. in its sale to a private equity fund for $10 million in cash and stock.
Represented a major venture capital fund in connection with the purchase of Convertible Promissory Notes in an emerging growth medical diagnostics company.
Represented investors in formation of Neuroinversa, LLC which is an early stage company developing diagnosis and treatment for autism.
Represented Easton Capital Partners, LP in the secondary sale of certain Series A Interests in the Fund.
Represented Shimojani, LLC in its offering and sale of Series A, B and C Units in the biotech company.
Represented Cognome, Inc. (an AI healthcare platform) in its formation and spin out from a major hospital system, including licensing of technology and preparation for preferred stock offering.
Represented Azimuth Quartzy Fund LLC in connection with the secondary sale of Series A Interests in the Fund.
Represented an emerging growth imaging company in the $1.3 MM offering of its Convertible Promissory Notes.
Represented CoreMedica Laboratories Inc. in connection with its $3 MM offering of Series A-1 Preferred Stocks.
Represented Scientific Intake Co. LLC in the offering of $8 MM of its Series C Preferred Units.
Represented investor in $3 million purchase of Convertible Notes and Warrants of Platform Imaging, Inc.
Represented CoreMedica Laboratories Inc., known for its innovation in micro and dried blood collection and analysis, with respect to the offering of its Convertible Promissory Notes.
Represented CoreMedica Laboratories Inc. in its acquisition of two Swiss biotech companies.
Represented the buyer in the acquisition of a business that manufactures and distributes laboratory test equipment used in genomic research. The business had been acquired some years before by a publicly traded entity. After full integration, the owner elected to sell the business. To complete the transaction, we advised on the unraveling of several arrangements between the target and its owner and other affiliated businesses. We also advised with respect to an asset-based financing several months after the acquisition had been completed and, thereafter, on its refinancing as well.
Represented a publicly-traded manufacturer and distributor of laser technology-based medical devices. We advised the company on a series of straight debt financings, convertible debt financings, and PIPE and other capital raising transactions and in connection with its SEC filings. We also advised on a transaction in which the client sold all of its assets to a competitor. In the course of our work, we counseled the client’s board of directors on matters relating to governance and share listings.
Counseled multiple organizations—such as fashion studios, CPA firms, law firms, hospitals and technology and media companies—on cybersecurity attack investigations, breach response, and remediation initiatives.
Prepared information security, privacy, and data preservation protocols and training for a five-hospital system in New York.
Advised a Boston academic hospital system on health data preservation protocols, prepared preservation policies, and conducted work force training on the protocols.
Represented Concord Health Partners in the negotiation and purchase of Series B Preferred Stock in the $12 million offering by Post Acute Analytics, Inc.
Represented owner of Small Factory Innovations, Inc. in sale to Central Reach LLC private equity fund.
Represented PreferCare LLC in the sale of 70% of its equity to private equity firm American Health Partners.
Tried multiple criminal, healthcare, product liability, commercial, and construction law cases to verdict in federal and state courts.
Led e-discovery teams in multi-district pharmaceutical product liability litigation.
Delivered Grand (teaching) Rounds at three academic medical centers on patient safety, cybersecurity, and privacy risks in the design of electronic medical records systems.
Represented a major assisted living facility in a cybersecurity audit by the New York Department of Financial Services.
Provided counsel to healthcare IT app developers regarding solutions for secure, real-time sharing of medical information among providers.
Represented a New York City hospital system by leading an investigation into breach of patient information from five hospitals and disclosure onto five Internet search engines, while also coordinating breach response and reporting.
Defended health care clinic and physician owner in sexual harassment case that threatened the clinic’s continued existence.
Represented several other official and ad hoc trade creditor, bondholder, and equity security holder Chapter 11 committees, including in the cases of Oskar Huber Fine Furniture (retail), HPG International (manufacturing), Lakeview Subacute Care (healthcare), Southmark Corporation (real estate), Circle K Corporation (retail), Merry-Go-Round Enterprises, Inc. (retail), and Zale Corporation (retail).
Represented Bristol-Myers Squibb in its US$885m acquisition of ZymoGenetics.
Represented The Blackstone Group in its: US$26bn acquisition proposal for Dell Technologies; US$960m acquisition of Team Health Holdings from a consortium led by Madison Dearborn Partners; US$2bn share exchange with Allied Waste Industries Inc. (consortium included Apollo, Greenwich Street Capital, and DLJ Merchant Banking); US$956m acquisition of the assets of New Skies Satellites.
Represented CVC Capital Partners in its US$703m acquisition of Teva Pharmaceutical’s non-U.S. Women’s Health assets.
Represented a biopharma executive in related civil and criminal federal litigation involving allegations of conspiracy, securities fraud, wire fraud and insider trading.
Represented a French multinational pharmaceutical company in an ICDR arbitration of a post M&A dispute.
Represented Galenica AG in its US$1.53bn acquisition of Relypsa.
Represented Teva Pharmaceutical in its: US$6.8b acquisition of Cephalon; Acquisition of NuPathe.
Represented a market-leading pharmaceutical and medical cost management business in connection with the separation and sale of its medical cost management line.
Represented strategic purchaser in acquisition of pediatric therapy practice.
Represented Pfizer in its: US$635m acquisition of the marketed vaccines portfolio of Baxter International; Collaboration agreement with Mylan for the manufacture and distribution of generic drugs in Japan.
