Life Sciences
Our partners have experience with a wide range of pharmaceutical and other life sciences matters. Our partners have represented manufacturers of pharmaceutical and biotechnology products, medical device companies, emerging companies with early-stage innovations, private equity funds and their life sciences portfolio companies, as well as scientists and healthcare executives, and others.
Representative Matters:
- Won dismissal of a $500 million patent infringement lawsuit brought by Novartis against Regeneron.
- Won complete defense jury verdict for Express Scripts defeating claims brought by New York City Transit Authority, claiming that Express Scripts did not properly address “fraudulent, abusive or excessive” claims for compound drugs and seeking $100 million in damages. After an eight-day trial in the Southern District of New York, the jury awarded $0.
- Won dismissal of class action securities litigation alleging channel-stuffing in In re Mimedx Group Inc. Securities Litigation.
- Won complete plaintiff’s jury verdict, with punitive damages, following a one-week trial in the U.S. District Court for the Central District of California on behalf of entrepreneur and chemist, Dr. Anton Toutov, in a shareholder dispute concerning attempts by Dr. Toutov’s co-venturers to freeze him out of their lab testing company, KorvaLabs.
- Won dismissal of claims against Sandoz AG and Sandoz GmbH filed in federal and state court alleging securities fraud, common law fraud, and contract-based theories in connection with Sandoz’s acquisition of Oriel Therapeutics.
- Won appellate victory for Express Scripts and United BioSource Corp. in an $80 million dispute involving the sale of a healthcare business, establishing leading precedent on intent requirement for fraud carve-outs in merger agreements. Matter subsequently settled confidentially.
- Represented the former stockholders of the robotic medical devices company Auris Health against Johnson & Johnson in a ten-day trial in the Delaware Court of Chancery in a $2.35 billion earn-out dispute centered around Johnson & Johnson’s post-merger failures to achieve regulatory and net-sales milestones. Post-trial decision is pending.
- Represented the Trustee of holders of Contingent Value Rights in a lawsuit against Bristol-Myers Squibb seeking $6.4 billion arising from Bristol-Myers Squibb’s failure to exercise diligent efforts in obtaining FDA approval of life-saving cancer therapies. Defeated motion to dismiss. Case is ongoing.
- Represented Bausch against former CEO of Salix in a dispute concerning termination of CEO’s unvested compensation in connection with allegations that Salix engaged in channel stuffing, which resulted in a confidential settlement on the eve of trial.
- Represented Wellstat Therapeutics in an expedited Delaware Chancery Court action adverse to BTG International concerning BTG’s botched commercial launch of Wellstat’s groundbreaking chemotherapy antidote. Wellstat went on to win a $60+ million judgment.
- Represented Forest Laboratories and Forest Pharmaceuticals in multi-district products liability litigation concerning claims that selective serotonin reuptake inhibitors cause birth defects, which resulted in a settlement.
- Represented Medicis Pharmaceutical (now a subsidiary of Valeant) in confidential arbitrations concerning achievement of milestones, which resulted in confidential settlements.
