2014 July 24 Second Circuit Moot Court Argument CLE Program

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Event Date

7/24/2014 5:30 PM - 8:30 PM
Please arrive early for registration

Location

Thurgood Marshall US Courthouse
40 Foley Square
New York, New York 10007

Note: Registration will be closed on Wednesday, July 23 at 12:00PM. There are NO walk-in registrations at this program.

NYIPLA, in conjunction with the Second Circuit, is hosting a Moot Court Argument CLE Program followed by cocktails and hors d'oeuvres, on Thursday, July 24, from 5:30pm to 8:30pm at the Thurgood Marshall Courthouse. Judges' Panel Honorable Debra A. Livingston Circuit Judge for the U.S. Second Circuit Court of Appeals Honorable Gerard E. Lynch Circuit Judge for the U.S. Second Circuit Court of Appeals Honorable Vernon S. Broderick District Judge for the U.S. Southern District of New York Participating Firms

Fish & Richardson Ron Vogel Brian Coggio Noori Torabi	Fitzpatrick, Cella, Harper & Scinto Fiona Darkin Joshua Davis Marissa Kovary Jessica Pai	Goodwin Procter Jonathan Auerbach Jessica Zafonte Steven Bernstein Naomi Birbach	Willkie Farr & Gallagher Stephen Tempesta Tara Thieme Lakendra Barajas Heather Schneider
Each firm will present an oral argument on behalf of a different interested party (the Brand, the Generic, the FTC and a public class). The Judges will hear argument, retire to conference the case, and return to the bench with their decision. They will also answer any questions related to the mock argument and their deliberations in the case conference. The hypotheticals are based on the Actavis case and creative solutions to try to avoid violating the Antitrust Laws. In FEDERAL TRADE COMMISSION v. ACTAVIS, INC.,133 S. Ct. 2223 (2013), the Supreme Court ruled that settlement of a patent infringement lawsuit between a Brand and Generic that involves large sum payments by the Brand to the Generic in exchange for delay of the Generic entering the market (so called "pay for delay" or "reverse payment" settlements) may be subject to a rule of reason antitrust analysis (explicitly rejecting the "quick look" and the "scope of the patent" analysis). Hosted by the Programs Committee Co-chairs Robert Rando, Colman Ragan, Steve Lendaris Subcommittee Chair Heather Schneider Board Liaison Richard Parke and the Young Lawyers Committee Co-chairs Jonathan Auerbach, Michael Bullerman, Gary Yen Board Liaison Annemarie Hassett EARN 1.5 NY/NJ CLE PROFESSIONAL CREDITS FOR BOTH NEWLY ADMITTED & EXPERIENCED ATTORNEYS Reference Materials Program Agenda (2 pages) Attendees List (3 pages) Bench Memorandum (34 pages) FTC v. Actavis (22 pages) In re Lipitor Antitrust Litig. (31 pages) In re Nexium (Esomeprazole) Antitrust Litig. (36 pages) Joblove v. Barr Labs., Inc. (In re Tamoxifen Citrate Antitrust Litig.) (39 pages) Lamictal Direct Purchaser Antitrust Litig. V. All Direct Purchaser Action (In re Lamictal Direct Purchaser Antitrust Litig.) (11 pages)