Biotechnology

Overview
  • Retained by a Fortune 100 company to determine reasonable royalties arising from alleged patent infringement, evaluate antitrust counterclaims, and assess damages arising from alleged breach of a licensing agreement in the agricultural biotechnology industry.
  • In the patent infringement suit involving Hepatitis C testing, Chiron v. Roche, evaluated license agreements entered into by Chiron and Roche for potential damages.
  • In Teva v. Amgen, supported testifying expert related to the injunction sought by Amgen to prevent Teva from introducing its infringing drug, Neutroval, in the United States. Submitted an expert report that provided economic opinions concerning the application of the four factors identified in the US Supreme Court’s opinion in eBay v. MercExchange.  A court-approved settlement enjoined Teva from introducing Neutroval into the United States until November 2013—only one month before the patents at issue will expire.
  • Provided written report, deposition, and courtroom testimony on behalf of Amgen in Amgen v. F. Hoffman-La Roche to advise the court considering whether to grant a permanent injunction against F. Hoffman-La Roche’s sales and marketing of a product that infringes Amgen’s patents. Testimony focused on the implications of recently introduced Medicare reimbursement policies on competitive dynamics among drug manufacturers and the impact of the potential entry of F. Hoffman-La Roche’s product on Amgen, healthcare providers, Medicare, and third-party payors