Two years after his big win for generic drug makers in Pliva v. Mensing--and with another major pharmaceutical case about to be argued at the Supreme Court--Kirkland & Ellis partner Jay Lefkowitz is continuing to plow through a red-hot docket of pharma litigation.
The Justice Department's decision to intervene in Floyd Landis's 2010 False Claims Act suit amounts to vindication for Landis's lawyer, Colette Matzzie of Phillips & Cohen. And it signals that Armstrong defense counsel Robert Luskin at Patton Boggs has his work cut out for him.
'False marking' cases were all the rage until Congress killed them off in the America Invents Act of 2011. A handful of lawyers have kept the dream of milking expired patents for money alive, but the courts don't seem so keen on the notion of a false-marking comeback.