Rahul Guha

Rahul Guha serves as the CEO of Cornerstone Research. In that role, he leads an international team of professionals dedicated to supporting clients and experts in a range of complex litigation challenges. The firm has earned a reputation for consistent high quality and effectiveness by delivering rigorous, state-of-the-art analysis for over thirty years. Dr. Guha is the former cohead of the firm’s antitrust and competition practice, and founder of the life sciences practice.

Dr. Guha has over twenty-five years of experience applying economic analysis to a wide range of high-profile antitrust, intellectual property, and alleged product misrepresentation cases. He consults on regulatory inquiries, motion practice, and all phases of litigation and arbitral proceedings in the United States and international venues. Working with counsel, he helps to develop economic and financial testimony for leading academic and industry experts. Lexology Direct (formerly Who’s Who Legal) has recognized Dr. Guha as a leading competition economist and has recommended him among leading commercial litigation practitioners.

Antitrust and competition

Dr. Guha has analyzed class certification, liability, and damages in multiple antitrust matters in the pharmaceutical industry. Representative matters include:

• In re Niaspan Antitrust Litigation
• In re Intuniv Antitrust Litigation
• In re Ovcon Antitrust Litigation
• In re Skelaxin (Metaxalone) Antitrust Litigation

Dr. Guha has worked on significant merger investigations and antitrust matters, both in the United States and Europe. Such matters include:

• Federal Trade Commission v. 1-800 Contacts
• United States v. AT&T Inc. et al.
• EC’s Phase II Investigation of the Essilor/Luxottica Merger

 Intellectual property

Dr. Guha has worked on numerous Hatch-Waxman Paragraph IV cases. He has evaluated irreparable harm from “at-risk” entry by manufacturers of generic pharmaceuticals; in several of these matters, courts granted motions for preliminary injunctions filed by the branded drug companies. Dr. Guha has also analyzed commercial success issues related to obviousness claims in cases involving antipsychotics, antivirals, depression, ED, epilepsy, migraine, narcolepsy, OAB, oncology, osteoporosis, and statins.

Dr. Guha has estimated damages, critiqued lost profits, and assessed reasonable royalties in multiple patent and trade secrets cases. His expertise includes a wide range of pharmaceuticals and biologic treatments, covering conditions such as asthma, cancer, multiple sclerosis, and rheumatoid arthritis. His casework includes:

• Alleged Theft of Trade Secrets for a Drug in Development
• Section 337 Unfair Import Investigation of Medical Devices

 Product misrepresentation

Dr. Guha consults with attorneys on government-initiated criminal and civil claims stemming from the alleged off-label marketing of major drugs, assessing factors that may have led doctors to prescribe for off-label indications, and determining economic causation. In In re Actiq Sales and Marketing Practices Litigation, he analyzed class certification and damages issues related to the alleged off-label marketing of a painkiller approved for cancer pain.

He has addressed state False Claims Act and average wholesale pricing (AWP) in multiple matters related to alleged fraudulent pricing and Medicaid overpayment.

Pro bono

Dr. Guha served as an expert witness in Brown et al. v. Madison County, Mississippi, which resulted in a landmark consent decree that mandated new policies to address racial profiling. He analyzed the frequency of traffic stops across different racial groups, and assessed whether roadblocks in Madison County were implemented more frequently in neighborhoods that are predominantly African-American.

Dr. Guha has published articles on competition, intellectual property issues in pharmaceutical and biologic drug markets, and analytic marketing techniques in litigation. He has given presentations on these topics at numerous conferences and at various law firms in the United States and Europe. In addition, he has taught graduate-level courses at Cornell University, Dartmouth College, and the Indian School of Business.