Litigators of the Week: A US$406.8M Win for Regeneron in Antitrust Trial Showdown With Cholesterol Drug Rival Amgen

The American Lawyer's Litigation Daily named Jonathan Polkes and his trial team its Litigators of the Week for successfully leading Regeneron to a jury verdict totaling US$406.8 million in damages for Amgen's violations of federal and state antitrust laws and tortious interference with Regeneron's prospective business relations.

In an interview with Litigation Daily, Jonathan said that "The case was not just about two pharmaceutical companies in a commercial dispute. It was really about the health care system in this country and how to preserve the integrity and fairness of the critical, and not widely known, part of the system that impacts the cost of medications, where a pharmacy benefit manager decides which drugs to cover."

The case dealt with antitrust issues, contracts with pharmacy benefit managers and the aftermath of a patent lawsuit. When describing the team's approach, Jonathan explained that "We needed to frame this in a way that would enable an everyday American who understands the impact of the cost of pharmaceuticals to also understand the complex antitrust issues at play from a legal perspective."

Jonathan also discussed his role as first chair leading the trial team, which included a large number of lawyers and law firms: "I handled the opening and closing arguments, direct examinations of the senior client representatives and conducted two critical cross examinations of Amgen executives. Adam Banks, another White & Case partner and senior trial team member, argued motions and jury instructions, and he also conducted a cross examination."

Read the full article here.

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