Credit: jiris/Adobe Stock Litigator of the Week Runners-Up and Shout-Outs
Runners-up this week include litigation teams at Wilmer and Kirkland.
October 18, 2024 at 07:25 AM
6 minute read
First up this week is a team at Wilmer Cutler Pickering Hale and Dorr that helped pharmaceutical client Exelixis Inc. protect the validity of the patents underlying Cabometyx and Cometriq, two drugs to treat kidney, liver and thyroid cancers that generated about $1.6 billion in sales in 2023. The case came in the context of MSN Pharmaceuticals Inc. seeking approval of a generic version of Cabometyx. After a four-day bench trial last October, U.S. District Senior Judge Richard Andrews in Delaware this week sided with Exelixis on the validity of three patents that MSN stipulated its proposed generic version infringed upon. The judge found a fourth patent valid, but not infringed. The Wilmer team includes Bill Lee, Lisa Pirozzolo, Emily Whelan, Kevin Prussia, Marissa Lalli, Jonathan Cox and Timothy Cook.
Lawyers at Kirkland & Ellis and Blackstone Chambers secured a win for funds owned by Appian Capital in litigation against South African mining firm Sibanye-Stillwater over a $1.2 billion busted deal to buy two Brazilian mines. Last week, after a five-week trial this summer, London's High Court sided with Appian, finding that a geotechnical event at one of the mines did not constitute a material adverse effect under the applicable sale and purchase agreements. A trial on the amount owed to the Appian funds is set for November 2025. The Kirkland team included Rajinder Bassi, Noah Stewart-Ornstein, Charlie Griggs, Dana Lee and Guy Buckle. The team of barristers from Blackstone Chambers included Andrew Green KC, Andrew Scott KC and Gayatri Sarathy.
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Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
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