Cliff Katz is special counsel in the firm’s New York office. He focuses his practice on complex commercial litigation involving generic pharmaceutical companies. He has significant experience with Hatch-Waxman patent litigation, federal and state false claims acts, consumer protection laws, and Medicaid and Medicare issues affecting the health care sector.
Board Member, A Foundation Building Strength
Representing multinational generic pharmaceutical manufacturers in Hatch-Waxman patent litigation, trials and appeals, including the following cases:
- 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. These actions have included qui tam litigation, class action litigation, and 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.
Represented generic pharmaceutical companies in “pay-for-delay” antitrust investigation and litigation.
Cliff also has represented communications companies, a national testing laboratory, insurers, financial institutions, and security companies, including the following examples:
- 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.
- Representing national testing laboratory in actions concerning patent infringement and breach of contract.
- Represented a national life insurance company in a variety of actions alleging fraud, breach of contract and negligence, and seeking declaratory judgments.
- Represented life insurance trade association as amicus curiae in the Delaware Supreme Court. Assisted life insurance companies in obtaining decision by 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.
- Part 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.
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