In the News

Covington Partner Must Testify Live In Zetia Trial, Judge Told


April 13, 2023

Drug buyers seeking billions in damages in an antitrust pay-for-delay trial against pharma companies Merck and Glenmark urged a D.C. federal judge Wednesday to force Covington & Burling partner Timothy Hester to livestream testimony, citing the finding of the trial’s presiding judge that Hester is a “key” witness.

The case concerns claims that the 2010 patent settlement that staved off Glenmark’s plans for a generic version of Merck cholesterol pill Zetia was anti-competitive and involved a form of “reverse payment” from Merck to Glenmark, costing buyers money as they waited years for a price-decreasing generic to come to market.

Though the trial will take place in Norfolk, Virginia, with jury selection starting Monday, Hester cannot be subpoenaed there, U.S. District Judge Rebecca Beach Smith ruled in recent weeks. Nor can two other key witnesses.

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The plaintiffs are represented by Glasser & Glasser PLC, Hagens Berman Sobol Shapiro LLP, Radice Law Firm PC, Hilliard Shadowen LLP, Sperling & Slater PC, Kessler Topaz Meltzer & Check LLP, Roberts Law Firm PA, Cohen Milstein Sellers & Toll PLLC, Miller Shah LLP, Nussbaum Law Group PC, Faruqi & Faruqi LLP, Berger Montague, Taus Cebulash & Landau LLP, Furniss Davis Rashkind & Saunders PC, Motley Rice LLC, Miller Law LLC, Wolcott Rivers Gates PC, Kenny Nachwalter PA and Hangley Aronchick Segal Pudlin & Schiller.

Read the story on Law360 (subscription required).