Plaintiffs’ Causation Burden in Light of Solodyn and Lidoderm Decisions: Implications to Reverse-Payment Antitrust Cases
As reverse payment settlements continue to surge after the Actavis antitrust litigation, the courts have relentlessly provided clarification on the precise evidence needed by a private plaintiff when proving whether the settlement agreement was a material cause of the alleged injuries. The recent court decisions in Solodyn and Lidoderm ruled that plaintiffs could survive a motion for summary judgment by presenting “some evidence” that the generic manufacturer “could have” prevailed in patent infringement litigation against the brand manufacturer. Thus, articulating a private plaintiff burden to resist summary judgement on the issue of causation.
In this LIVE Webcast, a team of thought leaders and professionals assembled by The Knowledge Group will provide an in-depth analysis of the fundamentals as well as recent trends and developments in Plaintiffs’ Causation Burden in light of Solodyn and Lidoderm decisions.
Key topics include:
- Reverse-Payment Settlements: A Recap
- Plaintiffs' Causation Burden: An Overview
- Impact of Actavis Decision
- Common Risks and Pitfalls
- The Solodyn and Lidoderm Decisions
- Significant Issues and Trends
- The Principles of Pay-For-Delay, Patent-Infringement Litigation and Antitrust
- Causation in Antitrust post Actavis (US) and post Lundbeck (EU)
- The Story: Lidoderm and Solodyn
- Proofing the likelihood of Invalidity or Infringement – Potential Harm and Actual Injuries
- Comparing the Developments of US and European Antitrust Law:
The Causation Burden Under Lidoderm/Solodyn (US) versus the Restriction “By Object” post Lundbeck (EU)
Info Tech, Inc.
- Key economic principles underlying "pay for delay" cases.
- How to use economics to measure delay based on the size of a "reverse payment."
- The most effective way to use economics to show market power in "pay for delay" cases.
- The economic relevance of output effects in "pay for delay" cases.
Who Should Attend:
- Antitrust Lawyers
- Patent Attorneys
- Patent Licensing Attorneys
- Patent Litigators
- IP Attorneys & Related Consultants
- Pharmaceutical Industry Lawyers
- Biotech/Pharma/Healthcare Attorneys & Advisors
- Drug Manufacturing Company Executives
Fabian Leimgruber is a pre-eminent lawyer and senior patent attorney, who has earned a reputation as first-rate litigator and patent prosecutor mainly in the fields of software, business methods, chemistry and life science, competition and license law. Fabian is a senior partner at ThomannFischer Law Firm with many years of experience in various large Law Firms. One of Fabian’s specific area of expertise is the leading and implementation of international patent infringement and competition law litigations. He handles patent cases in all Swiss and German Courts and the European Patent Office. Fabian has run several of the largest patent cases involving patents and standards in recent years. Further, he represents clients in front of arbitral tribunals and the national and international patent offices, opposition and appeal divisions. Fabian has a double degree in physics (Ph.D.) and law (Juris Doctor). A graduate of the University of Basel (Switzerland), CERN in Geneva, University of Freiburg (Germany), National University of Singapore (LL.M.) and East China University of Political Science and Law, Fabian joined ThomannFischer Law Firm in 2012 to help establish the firm’s modern approach to IP practice and litigation.
Fabian Leimgruber is a pre-eminent lawyer and senior patent attorney, who has earned a reputation as first-rate litigator and patent …
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson University. Dr. Kneuper also serves as an adjunct professor at both Loyola University Chicago
School of Law and at Charleston Southern University, where he teaches courses in antitrust economics, managerial economics and corporate finance.
Dr. Kneuper spent over 10 years analyzing antitrust matters at the FTC and was also extensively involved in numerous “pay for delay” cases while at the FTC. Dr. Kneuper played a leadership role in developing
the FTC’s antitrust policy involving “pay for delay’ patent settlements.
Dr. Kneuper consults on a wide variety of applied economic and applied finance topics such as antitrust, damages, class certification, intellectual property, and regulation. His work spans a wide variety of industries including health care, pharmaceuticals, insurance, energy, media, entertainment, transportation, real estate, internet, sports, gaming, aerospace, defense, waste collection, retail and consumer products.
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson …
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Method of Presentation:
Basic Knowledge in Reverse Payment Settlements
NY Category of CLE Credit:
Areas of Professional Practice
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ThomannFischer is one of the leading European commercial law boutiques with a strong emphasis on intellectual property, technology and competition law. The firm, founded in 1998, provides reliable support to both nationally and internationally (multinationally) operating clients covering all aspects of commercial and IP/IT law. The firm’s long tradition and history in high level of competence and commitment to quality and client service combined with a strong IP practice belongs to the characteristics of ThomannFischer. All of the firm's partners have a long history of professional experience and comprehensive knowledge in their areas of practice combining exceptional legal expertise for all business sectors where technology and commercial aspects constitute a key issue.
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The consulting business of Info Tech ® continues to provides expert testimony in the analysis of statistics, economics and econometrics in areas of antitrust, labor and employment discrimination and healthcare fraud among other litigation areas.
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