CLIFFORD KATZ
Partner
(212) 808-7609 (212) 808-7609
CLIFFORD KATZ Partner
Cliff Katz represents generic pharmaceutical companies in complex commercial litigation.  He has extensive experience with Hatch-Waxman patent litigation, pharmaceutical pricing, federal and state false claims acts, consumer protection laws, class actions, breach of contract claims, fraud cases, and Medicaid and Medicare issues affecting the health care sector.

Cliff is thorough when it comes to case evaluation and defense strategy development.  His meticulous attention to detail has allowed him to manage and contain costs during the discovery phase, prepare and defend his witnesses for depositions and trial, effectively cross-examine witnesses, and consequently, build a record that puts his clients in a position to prevail.

Community Activities

A Foundation Building Strength, board member

Representing multinational generic pharmaceutical manufacturers in Hatch-Waxman patent litigation, trials and appeals, including:

  • Novartis Pharm. Corp. v. Natco Pharma Ltd.,Civil Action No. 1:15-cv-00987-LPS (D. Del.) (imatinib)

  • Eli Lilly & Co. v. Lupin Ltd., Civil Action No. 1:15-cv-673 (S.D. Ind.) (prasugrel)

  • Daiichi Sankyo Company, Ltd. v. Accord Healthcare Inc., USA, IPR201501881, IPR201501882 (PTAB), and Appeal No. 171052 (Fed. Cir.) (prasugrel)

  • Endo Pharmaceuticals Solutions Inc. v. Paddock Laboratories, LLC, Civil Action No. 14-1422-SLR (D. Del.) (testosterone undecanoate)

  • Forest Laboratories, LLC v. Breckenridge Pharmaceutical, Inc., Civil Action No. 14-1504-SLR (D. Del.) (asenapine maleate)

  • AstraZeneca AB et al. v. Lupin Limited, Civil Action No. 3:15-cv-6092 (D.N.J.) (esomeprazole)

  • Forest Laboratories, LLC v. Lupin Limited, Civil Action No. 1:14-cv-01058-LPS (D. Del.) (memantine XR)

  • Otsuka Pharmaceutical Co., Ltd. v. Lupin Atlantic Holdings SA, Civil Action No. 1:14-cv-07105-JBS-KMW (D.N.J.) (aripiprazole)

  • G.D. Searle LLC v. Lupin Pharmaceuticals Inc., Civil Action No. 13-CV-121 (E.D.Va.) and Appeal No. 2014-1476 (celecoxib)

  • Sciele Pharma, Inc. v. Lupin Pharmaceuticals, Civil Action No. 09-CV-0937 (D. Del.) and Appeal No. 2012-1228 (Fed. Cir.) (metformin ER)

  • Orexo AB v. Mylan Pharmaceuticals Inc., Civil Action No. 11-CV-03788 (D.N.J.) (zolpidem)

Representing multinational pharmaceutical manufacturers in numerous federal and state actions across the country, concerning alleged violations of federal and state false claims acts, state consumer protection and deceptive trade practices acts, false advertising acts, and common law fraud in connection with the Medicaid and Medicare programs and health plans.  These actions have included qui tam litigation, class action litigation, as well as cases brought by the United States Department of Justice and state attorneys general.  In these actions, Cliff has taken and defended more than 75 depositions of qui tam relators, federal Medicare and Medicaid officials, state agency officials from more than a dozen states, present and former pharmaceutical company employees, wholesalers, pharmacies, pharmacy associations, pharmaceutical industry publishers, Medicaid fiscal agents and industry consultants.

Representing a generic pharmaceutical company in breach of contract matters involving the development, manufacturing, supply and marketing of drugs.

Represented a generic pharmaceutical company in a “pay-for-delay” antitrust investigation.

Cliff also has represented communications companies, a national testing laboratory, insurers, financial institutions and security companies in a variety of matters:
 
  • Representing a national testing laboratory in actions concerning patent infringement and breach of contract.

  • Represented eligible telecommunications carriers (ETCs) in investigations by the Office of Inspector General (OIG) of the Federal Communications Commission (FCC) with respect to the federal Lifeline program.

  • Represented a national life insurance company in a variety of actions alleging fraud, breach of contract and negligence, and seeking declaratory judgments.

  • Represented a life insurance trade association as amicus curiae in the Delaware Supreme Court.  Assisted life insurance companies in obtaining a decision by the Delaware Supreme Court holding stranger-originated life insurance (STOLI) illegal and against public policy, and permitting life insurance companies to challenge STOLI policies as void ab initio after the expiration of the two-year statutory contestability period.

  • Assisted in successfully defending a major alarm service company in actions seeking damages for losses sustained as the result of the alarm company’s alleged gross negligence and breach of contract.

  • Member of the team that prosecuted claims for approximately $1.2 billion on behalf of JPMorgan Chase Bank, against 11 insurance companies over surety bonds written in connection with transactions that the bank entered into with Enron Corp.  A favorable settlement was achieved after closing arguments following a month-long trial.

Pro Bono

Represented a child and parent in an action against the New York City Department of Education under the Individuals with Disabilities Education Improvement Act.

New York Intellectual Property Law Association

About

Cliff Katz represents generic pharmaceutical companies in complex commercial litigation.  He has extensive experience with Hatch-Waxman patent litigation, pharmaceutical pricing, federal and state false claims acts, consumer protection laws, class actions, breach of contract claims, fraud cases, and Medicaid and Medicare issues affecting the health care sector.

Cliff is thorough when it comes to case evaluation and defense strategy development.  His meticulous attention to detail has allowed him to manage and contain costs during the discovery phase, prepare and defend his witnesses for depositions and trial, effectively cross-examine witnesses, and consequently, build a record that puts his clients in a position to prevail.

Community Activities

A Foundation Building Strength, board member

Experience

Representing multinational generic pharmaceutical manufacturers in Hatch-Waxman patent litigation, trials and appeals, including:

  • Novartis Pharm. Corp. v. Natco Pharma Ltd.,Civil Action No. 1:15-cv-00987-LPS (D. Del.) (imatinib)

  • Eli Lilly & Co. v. Lupin Ltd., Civil Action No. 1:15-cv-673 (S.D. Ind.) (prasugrel)

  • Daiichi Sankyo Company, Ltd. v. Accord Healthcare Inc., USA, IPR201501881, IPR201501882 (PTAB), and Appeal No. 171052 (Fed. Cir.) (prasugrel)

  • Endo Pharmaceuticals Solutions Inc. v. Paddock Laboratories, LLC, Civil Action No. 14-1422-SLR (D. Del.) (testosterone undecanoate)

  • Forest Laboratories, LLC v. Breckenridge Pharmaceutical, Inc., Civil Action No. 14-1504-SLR (D. Del.) (asenapine maleate)

  • AstraZeneca AB et al. v. Lupin Limited, Civil Action No. 3:15-cv-6092 (D.N.J.) (esomeprazole)

  • Forest Laboratories, LLC v. Lupin Limited, Civil Action No. 1:14-cv-01058-LPS (D. Del.) (memantine XR)

  • Otsuka Pharmaceutical Co., Ltd. v. Lupin Atlantic Holdings SA, Civil Action No. 1:14-cv-07105-JBS-KMW (D.N.J.) (aripiprazole)

  • G.D. Searle LLC v. Lupin Pharmaceuticals Inc., Civil Action No. 13-CV-121 (E.D.Va.) and Appeal No. 2014-1476 (celecoxib)

  • Sciele Pharma, Inc. v. Lupin Pharmaceuticals, Civil Action No. 09-CV-0937 (D. Del.) and Appeal No. 2012-1228 (Fed. Cir.) (metformin ER)

  • Orexo AB v. Mylan Pharmaceuticals Inc., Civil Action No. 11-CV-03788 (D.N.J.) (zolpidem)

Representing multinational pharmaceutical manufacturers in numerous federal and state actions across the country, concerning alleged violations of federal and state false claims acts, state consumer protection and deceptive trade practices acts, false advertising acts, and common law fraud in connection with the Medicaid and Medicare programs and health plans.  These actions have included qui tam litigation, class action litigation, as well as cases brought by the United States Department of Justice and state attorneys general.  In these actions, Cliff has taken and defended more than 75 depositions of qui tam relators, federal Medicare and Medicaid officials, state agency officials from more than a dozen states, present and former pharmaceutical company employees, wholesalers, pharmacies, pharmacy associations, pharmaceutical industry publishers, Medicaid fiscal agents and industry consultants.

Representing a generic pharmaceutical company in breach of contract matters involving the development, manufacturing, supply and marketing of drugs.

Represented a generic pharmaceutical company in a “pay-for-delay” antitrust investigation.

Cliff also has represented communications companies, a national testing laboratory, insurers, financial institutions and security companies in a variety of matters:
 
  • Representing a national testing laboratory in actions concerning patent infringement and breach of contract.

  • Represented eligible telecommunications carriers (ETCs) in investigations by the Office of Inspector General (OIG) of the Federal Communications Commission (FCC) with respect to the federal Lifeline program.

  • Represented a national life insurance company in a variety of actions alleging fraud, breach of contract and negligence, and seeking declaratory judgments.

  • Represented a life insurance trade association as amicus curiae in the Delaware Supreme Court.  Assisted life insurance companies in obtaining a decision by the Delaware Supreme Court holding stranger-originated life insurance (STOLI) illegal and against public policy, and permitting life insurance companies to challenge STOLI policies as void ab initio after the expiration of the two-year statutory contestability period.

  • Assisted in successfully defending a major alarm service company in actions seeking damages for losses sustained as the result of the alarm company’s alleged gross negligence and breach of contract.

  • Member of the team that prosecuted claims for approximately $1.2 billion on behalf of JPMorgan Chase Bank, against 11 insurance companies over surety bonds written in connection with transactions that the bank entered into with Enron Corp.  A favorable settlement was achieved after closing arguments following a month-long trial.

Pro Bono

Represented a child and parent in an action against the New York City Department of Education under the Individuals with Disabilities Education Improvement Act.

Memberships

New York Intellectual Property Law Association