Cases

Overview

Salix Pharmaceuticals entered into a licensing agreement in 2008 with Napo Pharmaceuticals to develop and commercialize the drug crofelemer, an anti-diarrhea medication derived from the croton lechleri tree for HIV patients suffering from the side effects of ART therapy. Less than 3 years later, Napo sued Salix claiming it had materially breached the agreement by failing to use commercially reasonable efforts to develop and launch the drug, and alleging damages in excess of $150M. During the course of the litigation Salix successfully obtained FDA approval for crofelemer as the first ever orally-ingested botanical drug and commercially launched crofelemer under the brand name Fulyzaq.

The Focal Point’s Role

The Focal Point worked alongside the team from Covington for almost a year to research and develop trial themes and demonstratives to help a jury to understand and appreciate the level of resources and effort that Salix had committed to the development and launch of Fulyzaq. When the scope of the case changed dramatically on the eve of trial as a result of a favorable Summary Judgment order, we were able to help the attorneys adjust the themes and emphasis of our presentation in response to these new dynamics. Additionally, The Focal Point worked collaboratively with the trial team in the “war room” throughout trial to provide real-time support for presentations used in opening statement, key witness testimony, and closing argument.

Result

The jury found that Salix fully complied with its contractual obligations and did not breach the license agreement between the parties.

Court

New York State Supreme Court, Commercial Division

The Focal Point’s Client

Covington & Burling

Ben Razi
Tony Herman
Chris Pistilli

Cases