Patexia Insight 118: Top Hatch-Waxman Attorneys of 2021
Earlier in August, we released our second ANDA Litigation Intelligence Report. We analyzed all parties involved in Hatch-Waxman cases and ranked the top law firms and attorneys based on their activity and performance. Today we will shed some light on the top ANDA attorneys of 2021 and their rankings in respective categories.
Our 2021 report analyzes the ANDA cases filed from July 1, 2017, through June 30, 2021, examining a total of 1,179 ANDA cases involving 364 brand and generic companies. 1,471 ANDA attorneys, 289 local counsels and 243 law firms.
We recently published Patexia Insight 116 where we covered the top ANDA law firms for the same period.
Of the 1,179 ANDA cases filed during this period, a total of 781 had concluded with a decision status listed in PACER as of July 25, 2021. The following chart shows the status of ADNA cases as of this date.
The full report also includes the top 3 clients for each law firm or attorney as well as the top 3 law firms for each company. Besides that, we have also included the lateral moves that took place over the last year.
Here we cover some of the top ANDA attorneys of 2021 in no particular order. Being named in the top 50 out of almost 1500 attorneys, will place the attorney in the top 3 percent in the respective field:
Timothy F. Peterson from Locke Lord is #1 best performing attorney for generic pharmaceuticals. He works closely with Cadila Healthcare Limited.
Michael J. Gaertner of Locke Lord ranked the 4th most active and the 7th best performing attorney for representing generic pharmaceuticals. He also works with Cadila Healthcare Limited.
Eric C. Stops and Francis D. Cerrito of Quinn Emanuel Urquhart & Sullivan both shared the 4th and 18th positions for the overall activity and performance. They represent Bristol Myers Squibb and several other brand pharmaceuticals.
Lance A. Soderstrom of Katten Muchin Rosenman ranked the 7th most active and 11th best performing ANDA attorney for representing generic pharmaceuticals. He has mainly represented Viatris Inc. and Apotex Pharmaceuticals.
Samuel T. Lockner of Carlson Caspers Vandenburgh & Lindquist, PA with 11 cases, ranked the 28th most active and best performing attorney (Generic Category). Sun Pharmaceutical Industries Limited is his key client.
Wendy L. Devine of Wilson Sonsini Goodrich & Rosati with 18 cases ranked the 49th best performing ANDA attorney (Generic Category). She mainly represented Azurity Pharmaceuticals, Inc. and Viatris Inc.
Aziz Burgy and David H. Silverstein of Axinn Veltrop & Harkrider both ranked the 49th best performing among attorneys for generic pharmaceuticals. Endo International is their main client.
Don J. Mizerk of Husch Blackwell LLP with 8 cases, ranked the 49th best performing attorney (Generic Category).
Scott J. Bornstein and Jonathan D. Bal of Greenberg Traurig LLP shared the 65th position among the most active ANDA attorneys (Generic category). They represented Teva Pharmaceuticals.
Shannon Bloodworth and Brian Beel of Perkins Coie ranks the #90 best performing attorneys (Generic Category). Viatris Inc. is their top client.
Eric Alan Stone, Nicholas P. Groombridge and Josephine Sue Young of Paul Weiss Rifkind Wharton & Garrison with 16 ANDA cases, ranked the 82nd most active attorneys (Brand Category). They mostly work with Vanda Pharmaceuticals.
Methodology
We dedicate an entire chapter of the report to our methodology. But here we just summarize the method. To measure the performance, we allocated points to each attorney, representing each of the parties. We used the following table to first calculate the success for each attorney, and then using a weighted average function, we calculated the performance as a function of both activity and success. The reason to combine both activity and success was that companies would like to hire attorneys who are both highly active and highly successful at litigating ANDA cases (i.e., Best Performing = Highly Active + Highly Successful)
| Outcome | Plaintiff | Defendant | Plain. Atty/Firm | Def. Atty/Firm | Judge |
|---|---|---|---|---|---|
| Judgment - Defendant Wins |
0 |
1 | 0 | 1 | 0 |
| Judgment - Plaintiff Wins | 1 | 0 | 1 | 0 | 1 |
| Judgment - Settled | 0.5 | 0.5 | 0.5 | 0.5 | - |
| Judgment - Consolidated | - | - | - | - | - |
| Judgment - Outcome Pending | - | - | - | - | - |
| Dismissed - Settled | 0.5 | 0.5 | 0.5 | 0.5 | - |
| Dismissed - Voluntarily |
- |
- | - | - | - |
| Dismissed - Other | - | - | - | - | - |
| Transfer/Remand - MDL Transfer | - | - | - | - | - |
| Statistical Closing | - | - | - | - | - |
| Non-reportable closing | - | - | - | - | - |
The full report is available for download at the Patexia website here. Besides covering numerous ANDA statistics and the Top 100 in six categories, the extended Excel files that comes with the report, covers the full stats for 1,471 attorneys including 289 local counsel, 243 law firms, 364 pharmaceutical companies, 116 judges. If your firm or company is a member of Patexia Concierge, you can download it for free by logging in and clicking the “Download” button on the report page.
In the following week we plan to cover the top IPR attorneys for 2021.