Sanjay Kumar

Sanjay Kumar, Of Counsel, JSA

Sanjay specialises in the Life Sciences & Healthcare Industries. He has extensive experience in scientific, medical and regulatory issues in product liability cases, including expert advice, motions and criminal issues. He has provided his expertise in performing rigorous due diligence and drafting strong legal contracts for pharmaceuticals and medical device companies and their compliance functions. He has also worked on M&A, Complex JV, In- Licensing and Out-Licensing , commercial disputes,  clinical trial, Price control, Fixed Dose Combination, US Antitrust DOJ investigation and CCI DG on drug cartelization of Indian pharmaceutical companies.

Sanjay also advises on the IP negotiation, Regulatory and compliance specific to pharma and Healthcare space.  He has been involved with the International Life Science space transaction for two decades.

In addition, he has extensive experience in Corporate Commercial and labour and employment related transactions including Joint Ventures and Acquisitions specific to pharma sectors.

He has been practicing law since 1999. Before joining JSA, he was for twenty one years with corporate Multinationals and law firms and he was a General Counsel with corporates and multinationals and a partner in his last assignment.

 

Memberships

Bar Counsel of India

 

Publications

  • Legal Aspect of Remdesivir crisis in India
  • Regulation of Medical Oxygen in India

 

Education

  • LL. B
  • LL.M

 

Languages

  • English
  • Hindi

Some of the key assignments in these areas handled and being handled by Sanjay amongst others, cover the following: –

  • US Anti-trust DOJ investigation and prosecution: participated in discovery, settled criminal prosecution by executing deferred prosecution agreement with DOJ. Extensively worked on US multi-jurisdictional cases on Anti-trust.
  • Patent infringement litigation: successfully handled patent infringement litigation filed by AstraZeneca and vacated the injunction in Delhi High Court.
  • Trademark Infringement litigation: successfully closed TM infringement cease and Desist notice for international brand “Materna” co-brand of Nestle and Emcure at IPAB
  • Fixed Dose Combination case: Successfully quashed FDC impugned notification by DCGI for Etedolac and s-Etadolac and writ petition got allowed to manufacture and market the product.
  • NSQ matter under Drugs & Cosmetics Act,1940: Successfully defended the company by taking stay from the Session court and High court from prosecution. Successfully got discharged application allowed in the magistrate court.
  • Biosimilar Litigation “Tenectaplase”: Successfully defended the claim of Borihenger Ingelheim against Gennova’s new drug Tenectase 40 mg at Delhi High court
  • Brand acquisition: Successfully conducted due diligence on Teva’s brand and closed brand acquisition agreement for USD 2 million for Russia market. Successfully conducted due diligence and definitive agreement for
  • Merger & Demerger: successfully conducted due diligence and documentation for proposed demerger of Emcure splitting into two companies. Assisted in valuation report and handled bank loan documents for seeking NOC for demerger. Handled plan of demerger document before filing it to NCLT. Handled merger of subsidiaries into one entity.