Case
Pharmacyclics LLC, et al. v. Fresenius Kabi USA LLC, et al.
Analysis Group was retained by Covington & Burling on behalf of AbbVie and its affiliate Pharmacyclics, plaintiffs in a patent infringement litigation brought against manufacturers of a generic treatment for certain types of lymphomas and other diseases. AbbVie and Pharmacyclics partnered with co-plaintiff Janssen to develop Imbruvica (ibrutinib), an oral oncology drug. Subsequently, a number of defendants filed Abbreviated New Drug Applications (ANDAs) with the US Food and Drug Administration (FDA) to manufacture and sell generic versions of Imbruvica.
An Analysis Group team led by Principal Brian Ellman, Managing Principal Divya Mathur, and Vice President Devin Reilly supported CEO Pierre Cremieux who filed an expert report and testified regarding the commercial success of Imbruvica. Dr. Cremieux also rebutted the reports of opposing experts.
In his ruling, a judge in the US District Court for the District of Delaware held that all four patents in the case were not shown to be invalid, noting that “[e]vidence adduced at trial demonstrates that Imbruvica® tablets and capsules are a commercial success.”
Meet Our People
Devin Reilly
Vice PresidentDr. Reilly specializes in the application of economic and financial analysis to litigation, regulatory investigations, and consulting efforts in a range of areas, including antitrust and competition, finance and securities, class certification, and intellectual property (IP). He has conducted economic analyses and led case teams in support of academic and industry experts. Dr. Reilly’s antitrust and competition case work includes analyzing market definition and competitive effects, two-sided markets, damages, and class certification, as well as supporting parties’ compliance with merger and investigative requests. His experience also includes analyzing lost profits, reasonable royalties, and commercial success in IP cases; evaluating materiality of disclosures in securities litigations; supporting industry experts in financial services matters; and analyzing class certification in technology, finance, and other industries. Dr. Reilly has worked on behalf of both the US government and prominent firms in industries such as technology, telecommunications, e-commerce, financial services, pharmaceuticals and medical devices, and manufacturing. His research on corporate governance, innovation and entrepreneurship, and public economics has been published in The Review of Financial Studies, among other publications. He currently serves as the Young Economist Representative for the American Bar Association’s Antitrust Magazine. Dr. Reilly received the Joel Popkin Graduate Student Teaching Prize in Economics and the Lawrence Robbins Prize in Economics, both from the University of Pennsylvania.