Kathryn Swisher is an associate in White & Case's New York office and a member of the Firm's award-winning Global Antitrust/Competition Practice. Her practice focuses on complex antitrust and intellectual property litigation, and she regularly defends leading global pharmaceutical companies—including Pfizer and Hospira—against federal and state antitrust and federal RICO (Racketeer Influenced and Corrupt Organizations Act) claims. Kate has experience in complex, "bet the company" class action matters on the cutting edge of antitrust and intellectual property. She has significant experience at all stages of class action litigation, including motions to dismiss, motions to certify a class, motions for summary judgment, expert witness preparation, class action settlements, and appeals.
Kate also serves on the White & Case Antitrust Racial Justice Task Force. She has an extensive pro bono practice, and has represented clients in intellectual property disputes and criminal appeals. Kate has significant experience in family law, and represents low-income clients in state family and matrimonial law cases. She has presented winning oral argument before the New York Appellate Second Division.
Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
In re Lipitor Antitrust Litigation (D.N.J.)
Defending Pfizer in federal consolidated class action antitrust litigations and a state court action brought by the West Virginia Attorney General with respect to Lipitor, which accused the company of delaying entry of generic competition for Lipitor through alleged fraud on the US patent office and sham patent litigation, a sham FDA citizen petition and a reverse payment settlement agreement.
In re Effexor Antitrust Litigation (D.N.J.)
Defending Wyeth in federal class action antitrust litigations with respect to Effexor XR, accusing the company of delaying entry of generic competition for Effexor XR through alleged fraud on the US patent office, sham patent litigation and a reverse payment settlement agreement.
In re EpiPen Marketing, Sales Practices, and Antitrust Litigation (D. Kan.)
Defending Pfizer in multiple federal class action antitrust and RICO litigations with respect to the EpiPen, where the company is accused of delaying entry of generic competitor autoinjector devices through a reverse payment settlement agreement.
In re IV Saline Antitrust Litigation (N.D. Ill.)
Defended Hospira in federal class action antitrust litigation, where the company was accused of fixing the price and creating an artificial shortage of IV saline solution. Helped secure defense victory on two motions to dismiss.
In re Celebrex Antitrust Litigation (E.D. Va.)
Defended Pfizer in federal class action antitrust litigations with respect to Celebrex, accusing the company of delaying entry of generic competition for Celebrex through alleged fraud on the US patent office and sham patent litigation.