F. Hoffman-La Roche v. Gilead Sciences, Inc.
The Focal Point once again teamed up with longtime client Cooley LLP in a “bet-the-company litigation” on behalf of Gilead Sciences. The matter involved the blockbuster drug, Sovaldi® which was approved by the FDA in December 2013 and immediately earned nearly $6 billion in sales. At issue was Roche’s challenge to Gilead’s exclusive rights to the drug based on an earlier collaboration agreement.
The Focal Point’s Role
The Focal Point was called in early in the matter to help brainstorm ways to teach the boundaries of the collaboration agreement. Various demonstratives were created to help the triers of fact to interpret the many clauses and sections that were focused on various molecules and combinations of molecules known as “prodrugs”. The Focal Point also worked closely with testifying witnesses and experts during the pre-trial phase. The combined efforts culminated in a 2-week arbitration in mid-town Manhattan where The Focal Point provided on-site graphics support as well as in-court technology assistance.
The arbitration panel ruled in favor of Gilead, finding that Roche failed to establish any of its contract or patent-based claims to the drug in question.
Arbitration (New York, NY)
The Focal Point’s Client