Drug company consultants beware: A new type of lawsuit may be coming your way.
Greek company Pharmathen S.A. is suing Lachman Consulting Services Inc. for breach of contract, gross negligence and negligent performance of services in connection with its filing of an application to make a generic version of the blockbuster multiple sclerosis drug Tecfidera.
The suit, filed Nov. 21 in the U.S. District Court for the Southern District of New York, alleges the consulting firm negligently caused Pharmathen to lose out on first-to-file exclusivity rights on generic Tecfidera by not filing Pharmathen’s abbreviated new drug application on time. The first generic applicant to challenge the patent on a drug is eligible for six months of market exclusivity on the generic, which can be extremely lucrative financially.
Branded Tecfidera, made by Cambridge, Mass.-based Biogen Inc., is projected to generate $4 billion in 2018 sales, making the rights for six months of market exclusivity on the first generic version of the blockbuster exceedingly valuable.
The suit is one of the first of its kind, according to Matt Hyams, spokesman for Pillsbury Winthrop Shaw Pittman LLP, which filed the complaint for Pharmathen.
Pharmathen is seeking damages and attorneys’ fees.
Bloomberg Law contacted Westbury, N.Y.-based Lachman for comment but no one was available to respond.
Read my full story here.
Stay on top of new developments in health law and regulation, and learn more, by signing up for a free trial to Bloomberg Law.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)