Pharmaceuticals

Munger, Tolles & Olson’s pharmaceutical practice comprises a group of attorneys who are well versed in the laws and issues surrounding the industry. For example, Munger Tolles has been a trusted legal advisor for more than 25 years to AbbVie (formerly Abbott Laboratories), one of the 10 largest pharmaceutical companies in the world.

The firm’s attorneys have worked with Abbott in numerous antitrust matters at the intersection of antitrust and patent laws, such as challenges to patent settlements, allegations of sham patent litigation and Walker Process claims. The firm has also represented AbbVie in antitrust cases alleging Robinson-Patman violations, resale price maintenance and pharmaceutical bundling. These cases resulted in favorable summary judgments, jury verdicts and appellate court victories establishing important principles of antitrust law.

We have a substantial practice in pharmaceutical litigation. These cases involve licensing disputes, patent infringement and related issues. Munger Tolles’ pharmaceutical antitrust and patent experience includes representing:

  • AbbVie (formerly Abbott Laboratories) in:
    • a case that marked a major change in patent litigation. Munger Tolles, acting as co-counsel, won an en banc Federal Circuit ruling that fundamentally altered the national standards for determining inequitable conduct before the U.S. Patent and Trademark Office.
    • defeating a bid by Bayer AG which was trying to recover royalties from Abbott for U.S. sales of the arthritis drug Humira. A judgment in U.S. District Court of Massachusetts rejected the attempt by Bayer, which had sued Abbott for patent infringement.
    • obtaining a defense verdict at jury trial on all claims of non-settling defendant, affirmed by the U.S. Court of Appeals for the 9th Circuit.
    • a defense jury verdict in an antitrust case involving Abbott and GlaxoSmithKline, two of the world’s largest pharmaceutical companies. Abbott successfully argued before an Oakland jury that it had not violated federal antitrust laws or a state unfair competition law when it repriced the drug Norvir. The jury rejected GlaxoSmithKline’s $571 million damage claim, which was subject to automatic trebling.
  • Obtaining some of the leading appellate decisions of evaluating patent settlements between brand-name and generic companies under the antitrust laws.

Contact:
Jeffrey I. Weinberger (213) 683-9127