Commercial Success
In the liability phase of a pharmaceutical patent infringement lawsuit, the branded drug manufacturer may offer evidence of commercial success that flows from the patent to support a finding of…
Commercially Reasonable Efforts
Counsel for a biopharmaceutical company retained Cornerstone Research to address claims being arbitrated that it had breached a contractual obligation by failing to use diligent and commercially reasonable efforts to…
Cost Shifting
Cost shifting refers to the practice of increasing the price or markup charged to one group of patients in response to a decrease in another group’s price or markup.
Damages in Life-Cycle Management Case
Cornerstone Research assisted counsel in evaluating possible damages in a case where a branded pharmaceutical company was accused of delaying generic competition through various mechanisms.
Delayed Generic Competition
Counsel for a generic pharmaceutical company retained Cornerstone Research to assess the company’s incentives to launch a generic drug while ongoing patent litigation remained unresolved.
Delayed Generic Entry
Counsel for a branded pharmaceutical company retained Dr. Michael Keeley, a senior vice president of Cornerstone Research, to address class certification issues in two antitrust suits brought by classes of…
Direct Purchaser Antitrust Suit
Counsel for a leading U.S. manufacturer of medical devices retained Dr. Michael Keeley, a senior vice president of Cornerstone Research, to address class certification issues in an antitrust case brought…
Exclusionary Practices in Managed Care Organizations’ Contracts
Cornerstone Research worked with the defense experts in a series of antitrust cases against the manufacturer of a branded drug with a dominant market share in its therapeutic class.
Express Scripts, Inc., PBM Litigation
In a proposed class action against pharmacy benefit manager (PBM) Express Scripts, Inc., the named plaintiffs sought to represent five proposed classes of self-funded ERISA plans.
Failure to Disclose Clinical Trial Results
Counsel for a pharmaceutical company retained Cornerstone Research to assess damages in a securities class action alleging the company misled investors about a drug’s approval probability.
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