Heim, Payne & Chorush Earns 2020 American Antitrust Institute Antitrust Enforcement Award
Houston patent litigation boutique recognized for role in record $750M Namenda settlement
HOUSTON — Heim, Payne & Chorush, LLP, has earned the American Antitrust Institute’s 2020 Antitrust Enforcement Award for the firm’s role in a record $750 million settlement with pharmaceutical company Allergan in patent-related antitrust litigation related to the Alzheimer’s drug Namenda.
The January 2020 settlement resolved antitrust litigation brought under the Hatch-Waxman Act alleging that Allergan’s Forest Laboratories entered unlawful “pay for delay” arrangements with generic makers that they had earlier sued for infringement to keep the generics off the market. The lawsuit also alleged “product hopping” tactics, in which manufacturers obtain a new patent for a slightly modified form of a drug to extend patent protection.
In approving the settlement on the day of trial, U.S. District Judge Colleen McMahon described the case as a “bet the company” lawsuit with “enormous downside” for Forest.
The settlement was the largest amount paid by one defendant to resolve a class-action lawsuit brought by “direct purchasers” under the federal Hatch-Waxman antitrust law. The Heim, Payne & Chorush team was led by firm partner Dr. Russell Chorush and included partners Mike Heim, Eric Enger and Blaine Larson. The group played a key role within a team of law firms and handled all matters establishing that Forest had misused patent laws to maintain its competitive advantage.
Dr. Chorush and the Heim, Payne & Chorush team have been trailblazers in Hatch-Waxman Act litigation against pharmaceutical companies, using their scientific/technical expertise and patent litigation background to help secure a string of large settlements in class actions totaling more than $2 billion on behalf of direct purchasers of name-brand drugs including Provigil, Lidoderm, K-Dur, Tricor and Buspar.
Heim, Payne & Chorush represents plaintiffs and defendants in litigation across a broad range of technologies and business sectors. With a wide variety of technical and scientific backgrounds, firm attorneys handle all facets of intellectual property litigation for some of the largest energy and technology firms, as well as individuals and smaller companies. Ranked among the very best firms in Texas for patent litigation by Chambers USA, Heim, Payne & Chorush takes pride in its ability to partner with other attorneys and firms to bring the best possible trial team together for the benefit of the client. To learn more about the firm and the work it does, visit www.hpcllp.com.