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Summary

Richard Manning is an expert in providing data-driven insights to help various clients solve complex economic problems. He has significant experience conducting economic analyses in matters involving breach of contract, antitrust, patent infringement, pricing, and public policy. Dr. Manning has testified in US District Court, served as consulting expert, and prepared reports and papers on various matters in the biopharmaceutical and healthcare industries. His career includes 14 years as an executive at multinational pharmaceutical companies, where he led economic analysis and strategy development to shape practices related to emerging business concerns.

Prior to joining Bates White, Dr. Manning was an Executive Director at Merck & Co., Inc. where he oversaw economic analysis and strategy relative to challenges affecting pricing and reimbursement and intellectual property protection in worldwide markets. Previously, he was a Senior Director at Pfizer, Inc. During his 12 years with Pfizer, his team conducted economic analysis for strategic decision-making and worked with outside academic economists to foster analysis of key issues including: pricing and reimbursement; marketing and advertising; intellectual property protection; FDA regulatory reform with respect to data exclusivity, biosimilars approval processes and safety; healthcare benefit design; new product R&D; and various healthcare system reform proposals. In addition, Dr. Manning was a Director in the Advisory Strategy Group at PricewaterhouseCoopers, specializing in strategic partnerships, merger and acquisitions activity, economic valuation of early-stage companies, and empirical economic analysis for several biopharmaceutical, financial, and healthcare clients.

Dr. Manning was an economics professor at Brigham Young University and a visiting professor in the Graduate School of Business at the University of Chicago. As an academic, his teaching and research focused on price theory, the economic analysis of law, industrial organization, and the economics of government regulation.

Education

PhD, Economics, University of Chicago

MA, Economics, University of Chicago

BA, Economics, Brigham Young University

Selected Work

Selected Experience

  • Retained as testifying expert on behalf of the plaintiff in Purdue Pharma v. Alvogen Pine Brook, submitting expert reports and providing deposition testimony.
  • Retained as the testifying expert on behalf of Fera in the matter Fera Pharmaceuticals LLS v. Akorn Inc.  
  • In Wells Fargo Bank et al. v. Merrimack Pharmaceuticals, Inc., retained as testifying expert on behalf of plaintiffs in the Court of Chancery of the State of Delaware.  
  • In Pharmaceutical Solutions, Inc. (VetSource) v. Nevada State Board of Pharmacy et al., retained as the testifying expert on behalf of VetSource, which sued in federal court in response to a cease and desist action that alleged illegal kickbacks.  
  • In Merix Pharmaceutical Corp. v. Clinical Supplies Management, Inc. (CSM), retained as testifying expert on behalf of CSM in connection with alleged fraud and breach of contract claims related to the performance of a clinical trial for an over-the-counter medication.   
  • Authored expert report and testified in National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Tyco Integrated Security, LLC on behalf of Tyco regarding damages arising from a theft of prescription drugs from a pharmaceutical company warehouse. 
  • In Elorac v. Sanofi-Aventis Canada, authored an expert report and provided deposition testimony assessing damages in a breach of contract federal district court action on behalf of the plaintiff.  

  • In CoreSource v. Quality Healthcare Intermediary, submitted declarations to US Patent Trial and Appeals Board on behalf of the petitioner in a patent infringement matter involving methods for optimizing healthcare services management.  

  • Conducted detailed economic analysis on behalf of Eli Lilly in connection with its $5.4 billion acquisition of Novartis Animal Health.

  • Retained as consulting expert on behalf of defendant in a breach of contract matter between biopharmaceutical companies before the International Chamber of Commerce. Plaintiff was seeking damages for alleged lost profits related to a joint marketing agreement. Provided support to testifying expert in preparing a rebuttal report regarding the impact of adoption and pricing of biosimilar products entering the marketplace in certain Asian countries.

  • Served as consulting expert for medical device manufacturer in an International Trade Commission matter to evaluate potential harm to public interest in connection with alleged improper importation of surgical devices. 

  • Served as consulting expert to provide liability and damages analysis for multinational pharmaceutical company in a qui tam case involving potential violations of state law in its marketing practices.

  • Retained as consulting expert for multinational manufacturer of injectable blood plasma derivatives to evaluate economics of manufacturing and distributing  plasma-based medications.

  • Retained by multinational life sciences company to analyze the market for oncology products, with respect to the sustainability of current and projected future trends in pricing, utilization, and reimbursement.

News & Insights

Publications

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