(L-R) Bart Williams of Proskauer Rose, Devora Allon of Kirkland & Ellis and Christopher Holding of Goodwin Procter. Courtesy photos Litigators of the (Past) Week: A Defense Win for Gilead and Teva in a Rare Trial on Pay-For-Delay Claims
With Bart Williams of Proskauer and Devora Allon of Kirkland representing Gilead and Christopher Holding of Goodwin Procter representing Teva, the pharmaceutical companies beat back $3.6 billion in antitrust claims at trial in San Francisco stemming from an alleged "pay-for-delay" scheme involving two HIV drugs.
July 12, 2023 at 07:30 AM
21 minute read
Pharmaceuticals
Trials in "pay for delay" antitrust cases—where branded and generic pharmaceutical companies stand accused of settling patent litigation claims in a way that unfairly props up drug prices—rarely go to trial. Given the dollar figures involved and the prospect of treble damages, the risks are high. That was especially true in a case that wrapped up recently against Gilead Sciences Inc. and Teva Pharmaceutical Industries Ltd. alleging the companies colluded to unfairly inflate the price for two key HIV drugs.
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