Another Stacked Week of Litigator of the Week Runners-Up and Shout Outs
Runners-up include lawyers from Kirkland & Ellis, Sidley Austin, White & Case and Baker Botts who got a major win to stand up in one of the first antitrust cases involving biologic drugs.
August 05, 2022 at 07:25 AM
6 minute read
Our first-runners-up this week are lawyers from Kirkland & Ellis, Sidley Austin, White & Case and Baker Botts who got a major win to stand up in one of the first antitrust cases involving biologic drugs. In particular, the case involved AbbVie's blockbuster immunosuppressive Humira, which generated more than $20 billion in revenue in 2021. The Seventh Circuit this week upheld dismissal of antitrust claims related to patent-litigation settlements AbbVie reached with Amgen Inc., Samsung Bioepis Co. Ltd., and Sandoz Inc. The appellate court found that the settlements, which gave the biosimilar makers earlier access to the European market, did not provide any improper reverse payments. The court also took no issue with AbbVie's 132 patents protecting the drug, which plaintiffs had argued constituted a "patent thicket" that violated Section 2 of the Sherman Act. "But what's wrong with having lots of patents? If AbbVie made 132 inventions, why can't it hold 132 patents?" Judge Frank Easterbrook wrote. "The patent laws do not set a cap on the number of patents any one person can hold—in general, or pertaining to a single subject." The Kirkland team representing AbbVie was led by Jim Hurst and Diana Watral with help from Brandon Stone. Sidley Austin partners Bruce Braun and Steven Horowitz as well as senior managing associate Naomi Igra represented Amgen. A team including Martin Toto from White & Case represented Samsung Bioepis. Stephen Weissman and Michael Perry of Baker Botts represented Sandoz.
A team at Covington & Burling gets a runner-up nod for winning summary judgment this week for AstraZeneca and Bristol-Myers Squibb in nearly 250 cases in the federal MDL targeting the companies with claims that diabetes medication Onglyza can lead to heart failure and other cardiovascular problems. Following the Covington team's win excluding the plaintiffs' general causation expert, U.S. District Judge Karen Caldwell in Lexington, Kentucky, found plaintiffs lacked causation evidence and refused to reopen discovery to allow them to find another expert. The win in the federal MDL follows a similar victory in proceedings in California state court. The Covington team included Emily Ullman, David Snead, Kathleen Paley, Phyllis Jones, Paul Schmidt, Lauren Dorris, Elizabeth Ertle and Tara Summerville.
Runners-up honors go to a joint team at Orrick, Herrington & Sutcliffe and Paul, Weiss, Rifkind, Wharton & Garrison who represent mortgage servicing company Ocwen Financial Corp. Ocwen was facing a certified class in a civil RICO lawsuit claiming the company improperly assessed default-related service fees to certain customers that contained undisclosed mark-ups that violated the terms of underlying mortgage contracts. But U.S. District Judge Troy Nunley in Sacramento this week decertified the class, concluding that under the Supreme Court's Transunion decision the plaintiffs would need to establish that each individual borrower in the class paid the fee in question and suffered concrete harm. Rich Jacobsen, Aaron Rubin and Jennifer Keighley led the team from Orrick, and Melinda Haag and Randy Luskey led the team from Paul Weiss.
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Law Firms Mentioned
- White & Case
- Covington & Burling
- Morrison & Foerster LLP
- Davis Polk & Wardwell
- Sidley Austin
- DLA Piper
- Morris, Nichols, Arsht & Tunnell LLP
- McDermott Will & Emery
- Simpson Thacher & Bartlett
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Orrick, Herrington & Sutcliffe
- Paul, Weiss, Rifkind, Warton & Garrison
- Knobbe Martens Olson
- Baker Botts
- Kirkland & Ellis
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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