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Berdon, Andrew M.

Andrew M. Berdon

Partner

andrewberdon@quinnemanuel.com
Direct Tel: +1 212-849-7107
New York
Tel: +1 212 849 7000 Fax: +1 212 849 7100

Andrew Berdon is a partner in the New York Office of Quinn Emanuel Urquhart & Sullivan LLP. Andrew regularly handles complex commercial disputes for clients in the life sciences and other industries. Mr. Berdon regularly represents clients in complex litigation and arbitration matters relating to financial and strategic transactions, product development and marketing agreements, trade secrets, licensing, antitrust, and regulatory enforcement. Mr. Berdon has more than 30 years of experience as a litigator and trial lawyer, as well as five years of in-house legal experience as the general counsel of a multinational pharmaceutical company.

  • Lockton Companies, LLC in its successful motion for a preliminary injunction against Alliant Insurance Services arising out of a corporate raid termed the “Worst (Non-Lawyer) Lateral Acquisition Ever” by the AmLaw Litigation Daily.
  • IBM in the defense of an action alleging breach of contract and misuse of trade secrets by a counterparty to a licensing agreement. After a four-day live hearing, IBM was successful in opposing the counterparty’s preliminary injunction motion.
  • Johnson Controls, Inc. in opposing certification of a medical monitoring class relating to exposure to PFAS. Plaintiffs’ sole toxicology expert on the issue of causation had his opinion excluded in its entirety under the Daubert standard following his deposition by Mr. Berdon.
  • AVEO Oncology. Lead counsel for AVEO in dispute with Novartis International Pharmaceutical Ltd. concerning Novartis’ compliance with its diligence obligations with respect to the development of AV-380.
  • Aileron Therapeutics. Successfully represented clinical stage drug development company in licensing dispute concerning stapled peptide technology.
  • Ligand Pharmaceuticals. Represent Ligand Pharmaceuticals in connection with Paragraph IV certifications concerning drug products manufactured using Ligand’s Captisol(R) technology.
  • Represented multinational biotechnology company in connection with investigation of potential claims related to theft of trade secrets.
  • BTG International v. Wellstat Therapeutics, Delaware Chancery No. 12562-VCL Lead trial counsel to Wellstat Therapeutics in declaratory action brought by BTG plc related to the marketing of Vistogard. During the course of the litigation, QE obtained a rare order from the Delaware Chancery Court compelling the production of emails maintained by BTG’s “apex” executives, including its CEO and CFO, as well as extensive financial information concerning BTG’s revenues, profits, losses and expenses associated with the commercial launch and marketing of Vistogard. The Court’s order also ordered BTG to reimburse Wellstat for its attorneys’ fees in connection with the motion to compel.
  • Counsel to Pfizer, Inc. in an action brought against Amgen Fremont, Inc. (f/k/a Abgenix, Inc.) and Amgen, Inc. related to the prosecution of patents claiming certain monoclonal antibodies discovered during the course of a research program carried out jointly by Pfizer and Abgenix. Pfizer, Inc. v. Amgen Fremont, Inc. and Amgen, Inc., C.A. No. 10667-VCL (Del Ch. 2015)
  • Counsel to Forest Laboratories, LLC and Takeda Pharmaceutical Company Limited in Hatch Waxman patent litigation against Apotex and others arising out of the submission of ANDAs referencing Forest’s branded product Teflaro®. Forest Laboratories, LLC, et. al. v. Apotex Corp., et. al. (C.A. No. 1-15-cv-18 (D. Del.).
  • Counsel to Vivus, Inc. in Hatch Waxman patent litigation arising out of the submission of ANDAs referencing Vivus’ branded product QSYMIA®. Vivus, Inc. v. Actavis Laboratories FL., Inc., et. al., Case No. 2:15-cv-1636 (D.N.J.).
  • Counsel to Pfizer in multidistrict litigation relating to the clinical development and marketing of Lipitor®. In Re Lipitor (Atorvastatin Calcium) Marketing Sales Practices and Products Liability Litigation (No II) MDL 2502.
  • Counsel to Pfizer in the retrial of an action alleging theft of trade secrets related to the design and conduct of a clinical trial. Ischemia Research and Education Foundation v. Pfizer, Inc. 1-04CV-026653 (Santa Clara Super.)
  • Counsel to Mallinckrodt Pharmaceuticals in the defense of an action brought by a development partner alleging breach of a development and licensing agreement relating to new topical anti-inflammatory drug product. Nuvo Research, Inc. v. Mallinckrodt Inc., Case No. 13-CV-5831 (SDNY).
  • Represented the Defendants in an action alleging theft of trade secrets and breach of fiduciary duty against former executives and their new company in the area of antiviral therapies.  Perlan Therapeutics, Inc. v. Nexbio, Inc., et al. (San Diego Super.)
  • Represent the manufacturer of the only FDA-approved robotic surgical system in connection with various product liability claims. (Various) 
  • Trial counsel for Defendants in connection with direct and derivative claims brought by a minority shareholder alleging breach of contract and breach of fiduciary duty  Transeo S.A.R.L et al., v. Bessemer Venture Partners VI L.P., et al., No. 11-CV-5331 (CS).
  • Lead trial counsel for Medicis Pharmaceutical Corp. in a complex commercial dispute with a former contract partner relating to the partner’s submission of an ANDA in violation of the terms of a pre-existing Distribution and Supply Agreement.  The parties settled the case on terms favorable to our client.   Medicis Pharmaceutical Corp. v. Actavis Mid Atlantic LLC, et al. C.A. No. 11-5448 (Ariz. Super.)
  • National coordinating counsel for pharmaceutical manufacturer in litigation filed by the Attorneys General of the states of Louisiana and Utah  against 100 pharmaceutical manufacturers and distributors alleging unlawful manipulation of "average wholesale price" (AWP). State of Louisiana v. Abbott Labs., Inc., et al., No. 596164 19th Judicial District, Parish of East Baton Rouge, Louisiana; The State of Utah v. Apotex Corporation et el., Civil No. 080907678, Third Judicial District Court, Salt Lake County.
  • Trial counsel for Pharmaceutical Product Development, Inc. in an action alleging intentional breach of contract and fraud related to PPD’s acquisition of Magen Biosciences, Inc.  We successfully defeated a motion to dismiss by the stockholder defendants, and after fact discovery, the parties reached an agreement to settle the case on terms favorable to our client..  Pharmaceutical Product Development, Inc. v. TVM Life Sciences Ventures VI, L.P. et al., C.A. No. 5688 (Del. Ch. 2010). 
  • Lead trial counsel for Stiefel Laboratories, a GSK Company, in Hatch Waxman patent litigation against Perrigo Israel Pharmaceuticals Ltd. and Perrigo Company arising out of Perrigo’s submission of an ANDA referencing Stiefel’s branded product OLUX-E® Foam.  The parties settled the case on terms favorable to our client. Stiefel Laboratories, Inc. and Stiefel Research Australia Pty. Ltd. v. Perrigo Israel Pharmaceuticals Ltd. and Perrigo Company, (C.A. No. 10-592) (D. Del.).
  • Lead trial counsel for Stiefel Laboratories/Connetics Corp. in Hatch Waxman patent litigation against Cobrek Pharmaceuticals arising out of Cobrek’s submission of an ANDA referencing Connetics’ branded product EVOCLIN® Foam.  Settled with Cobrek taking a royalty bearing license.  Stiefel Labs, Inc. v. Cobrek Pharm., Inc., C.A. No. 09-167 (SLR) (D. Del.).
  • Lead trial counsel for Stiefel Laboratories/Connetics Corp. in Hatch Waxman patent litigation against Pentech Pharmaceuticals arising out of Pentech’s submission of an ANDA referencing Connetics’ branded product LUXIQ® Foam.  Settled on terms that maintained brand exclusivity through  2013. Connetics Corp. v. Pentech Pharm., Inc., 07-C-6297 (N.D. Ill.)
  • Lead trial counsel for Stiefel Laboratories/Connetics Corp. in Hatch Waxman patent litigation against Perrigo Corp. arising out of Perrigo’s submission of an ANDA referencing Connetics’ branded product OLUX® Foam.  Connetics Corp. v. AGIS Indus.(1983), LTD., 05 Civ 05-5038 (HAA) (D.N.J. 2005).  The matter was settled on terms that included the defendants taking a royalty-bearing license under the patent in suit after Stiefel obtained a favorable claim construction ruling and the court denied Agis’ motion for summary judgment of non-infringement.  Quinn Emanuel was then hired as trial counsel for Stiefel in a similar case against Cobrek Pharmaceuticals and Cipla, Ltd. arising out of Cobrek’s submission of a subsequently-filed ANDA referencing OLUX® Connetics Corp. v. Pentech Pharm., No. 08-CV-2230 (N.D. Ill.).
  • Lead trial counsel for Medicis Pharmaceutical Corp. in Hatch Waxman patent litigation against Nycomed US, Inc. and Nycomed GMBH arising out of Nycomed’s submission of an ANDA referencing Medicis’ Vanos® Cream.  The parties settled the case on terms favorable to our client.   Medicis Pharmaceuticals Corp. v. Nycomed US, Inc. et al. (SDNY and D. Del.).
  • Lead trial counsel for Medicis Pharmaceutical Corp. in Hatch Waxman patent litigation against Taro Pharmaceutical USA, Inc. and Taro Pharmaceutical Industries, Ltd. arising out of Taro’s submission of an ANDA referencing Medicis’ Vanos®  Cream.  This matter recently settled with Taro admitting infringement and validity of the patent in suit.  Medicis Pharmaceuticals Corp. v. Taro Pharmaceutical Industries, Ltd. et al. (SDNY and D. Del. )
  • Lead trial counsel for EKR Therapeutics in Hatch Waxman patent litigation against Sun Pharmaceuticals arising out of Sun’s submission of an ANDA referencing EKR’s branded product CARDENE® I.V.  On March 31, 2009, the court granted EKR’s cross motion for summary judgment of infringement.  See EKR Therapeutics v. Sun Pharmaceutical Industries, Limited, Civ. Action No. 07-1788 (KSH) (D.N.J.).
  • Lead trial counsel for Shionogi Pharma, Inc. and LifeCycle Pharma in Hatch Waxman patent litigation against IMPAX Laboratories, Inc. arising out of IMPAX’s submission of an ANDA referencing Shionogi’s branded product Fenoglide® .  The parties settled the case on terms favorable to our client.   Shionogi Pharma, Inc. and LifeCycle Pharma v. IMPAX Laboratories, Inc. (C.A. No. 10-358) (D. Del).
  • Represented Reliant Pharmaceuticals as lead counsel in FDA regulatory proceedings and related patent litigation regarding competing branded cholesterol lowering agents.  Successfully opposed a Citizen’s Petition asking FDA to block approval of Reliant’s product and then served as lead counsel in a declaratory judgment action brought under the patent laws seeking to hold four of its competitors’ patents not infringed, invalid and unenforceable.  Prior to trial, the matter was settled on terms that permitted the Reliant product to remain on the market without the payment of past royalties.
  • Mr. Berdon has also conducted numerous internal corporate investigations and provided confidential advice to the boards of publicly traded corporations regarding internal compliance and corporate integrity matters.
  • Albany Law School of Union University
    (J.D. 1987)
    • Albany Law Review
  • The University of Rochester
    (B.A. 1984)
The State Bar of New York; United States District Courts: Southern District of New York, Eastern District of New York, District of Colorado
  • Frommer Lawrence & Haug, LLP:
    • Partner, 2002-2004
  • Faulding Pharmaceuticals:
    • Senior Vice President and General Counsel, 1996-2001
  • Member, Association of the Bar of the City of New York
  • Member, American Bar Association
  • Member, Corporate Counsel Association
  • Member, Food and Drug Law Institute
  • Member, New York Intellectual Property Law Association
  • Member, National Association of Pharmaceutical Manufacturers, 1996-2000