And the LOTW Runners Up...
Honorable mention goes to lawyers from Baker Botts; Kirkland & Ellis and Quinn Emanuel.
March 20, 2020 at 02:21 PM
2 minute read
Our finalists for Litigator of the Week include a trial team from Baker Botts led by partners Stephen Hash, Elizabeth Durham Flannery, David Weaver, Michael Hawes and David Wille.
They beat back a patent infringement suit in Delaware federal court on behalf of UK-based Oxford Nanopore Technologies Ltd., convincing the jury to invalidate all four patents asserted by PacBio involving DNA sequencing systems.
Paul Brinkman and Joe Loy of Kirkland & Ellis are the toast of Heineken after scoring a total win at the International Trade Commission in a fight with Anheuser Busch InBev. ABI started the fight, claiming Heineken was infringing its patents for technology related to "bag-in containers" for beer, only to abruptly dismiss its case.
Now, Heineken proved ABI was the real infringer, winning an exclusion order from the ITC that bans the import of ABI's countertop products that are used to pour its Belgian Stella Artois beer.
At Quinn Emanuel Urquhart & Sullivan, Michael Carlinsky won complete dismissal of a shareholder class-action that involved $1.2 billion in preferred securities that AmTrust voluntarily delisted from the New York Stock Exchange. The plaintiffs claimed AmTrust violated Sections 11 and 12 of the Securities Act of 1933, as well as breach of contract and breach of the underwriting agreements when it de-listed the securities in early 2019.
Justice Andrew Borrok of the New York Supreme Court, Commercial Division agreed with Carlinsky that the plaintiffs failed to state a claim because "AmTrust had no duty to inform investors of the fact that it could one day voluntarily delist its Securities, a fact which federal law has always made clear."
Also at Quinn Emanuel, Derek Shaffer and Scott Lerner won a first-of-its-kind appeal before a truly obscure forum: the United States Pharmacopeia—a private entity that sets standards for compounding drugs, functioning as the FDA's proxy in these matters.
In 2019, the USP proposed major changes to their rules that would have shortened the beyond-use dates for "compounded sterile preparations" and "compounded nonsterile preparations" —a sizeable market that includes, for example, women getting fertility treatments with progesterone injections and MS patients getting methylcobalamin injections.
On behalf of a coalition of pharmacy compounders, Shaffer and Lerner convinced the USP to grant their appeal and remand the question "for further engagement with regards to the issues you have raised."
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