On January 3, the U.S. Court of Appeals for the Third Circuit affirmed Simpson Thacher’s win for Daiichi Sankyo Co. Ltd. (“Daiichi Sankyo”) and Daiichi Sankyo, Inc. (“DSI”) in the high-profile multidistrict “pay-for-delay” antitrust litigation related to Lipitor, the best-selling pharmaceutical drug in history.
The Third Circuit decision solidified Simpson Thacher’s September 2017 victory at the U.S. District Court for the District of New Jersey, in which Judge Sheridan (D.N.J.) held that there was subject matter jurisdiction over the dispute but that Daiichi Sankyo, a Japanese corporation, was not subject to personal jurisdiction. The Third Circuit also affirmed Judge Sheridan’s November 2014 dismissal of DSI for failure to state a claim because the facts alleged in the complaint could not support a claim under California’s Cartwright Act against any of the defendants. As a result, the Third Circuit affirmed the dismissal of both Daiichi Sankyo entities from the Lipitor litigation.
The Simpson Thacher team representing Daiichi Sankyo and DSI includes Noah Leibowitz (Picture), Buzz Frahn, Kassie Helm and Francis Acott (Litigation).
Involved fees earner: Noah Leibowitz – Simpson Thacher & Bartlett; Harrison Frahn – Simpson Thacher & Bartlett; Katherine Helm – Simpson Thacher & Bartlett; Francis Acott – Simpson Thacher & Bartlett;
Law Firms: Simpson Thacher & Bartlett;
Clients: Daiichi Sankyo;