Why aggressive advertising is improving
the quality of litigation professionals

A controversial topic in many legal circles in 2017 is the aggressive TV, radio and telemarketing advertising strategy that’s being undertaken by many litigation companies, including those specializing in pharmaceutical patent law.

These tactics and the resulting increase in the number of lawsuits taken in the pharmaceutical sector is no coincidence and has even raised some ethical questions. However, the influx of lawsuits also means that pharmaceutical law firms have to ‘up’ their game in a more competitive client market.

An example of this was back in 2014 during a court filing in relation to Johnson and Johnson-made pelvic devices. The company said that “a steady stream of attorney advertising” which totalled $45 million in the first 10 months of 2014, alongside intrusive telemarketing calls to women who had received pelvic surgery resulted in 24,000 lawsuits against the firm. Many of the women who took out a lawsuit against Johnson and Johnson at this time had not even received a device from the company. While this is not a patent lawsuit, it still proves the effectiveness of the advertising and telemarketing strategies from litigation firms.

The influx of lawsuits over the past 5 years means a vastly increased overall standard of litigation firms. This is excellent news for those on both sides of the fence. It ensures that those taking cases against big pharma firms are not just wiped away at the first opportunities and it also ensures that firms looking to protect their assets are given a fair crack of the whip.

This is a very important development in the world of pharmaceutical patents and general pharmaceutical law. The previous decade has seen a dangerous trend towards an oligopoly developing in the Pharma world. The higher level of lawsuits being taken combined with the resulting higher quality of representation in this field looks to break that stranglehold. 2017 is an excellent year for making the pharmaceutical industry a competitive one once again, and it’s all thanks to advertising tactics.

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In today’s fast-growing, highly regulated generic pharmaceutical market, companies increasingly require specialized legal guidance as their products are developed, launched, and litigated. Wilson Sonsini Goodrich & Rosati’s attorneys address this need by providing expert counsel to companies in the global generics industry, offering sophisticated representation far beyond the scope of general corporate and securities counsel.

We have assembled a highly experienced team of experts from a cross-section of the firm’s key practice areas, including intellectual property, litigation, antitrust, FDA/regulatory, technology transactions, exports and FCPA, trade secret, and trademark and copyrights. Led by the former chief legal officer of Mylan Pharmaceuticals, one of the world’s leading generic and specialty pharmaceutical companies, our attorneys work closely with our generic pharmaceutical clients’ legal and scientific personnel and senior management to understand and meet their specific needs both in the U.S. and abroad.