Pharmaceutical industry experience
Jay has advised pharmaceutical companies since 1997 and has represented them in several antitrust and competition-related actions, many of which involved issues not previously litigated. For instance, he represented one of the first generic pharmaceutical companies to sue its brand counterpart for monopolizing the market. The allegations included signing an exclusive with the API manufacturer, filing a baseless Citizens Petition, running an ad campaign that falsely asserted that use of the generic drug required additional blood tests and other anticompetitive tactics. The brand-name company also was accused of violating the Lanham Act in connection with the brand-name drug’s advertisement. After defeating motions to dismiss the case and to curtail discovery, Jay was able to engineer a settlement worth over $100 million for the client. On several occasions he also has defended first-filing generic drug companies accused of antitrust violations by later entrants.
Jay has defended generic pharmaceutical companies in Hatch-Waxman actions, including having counseled many of them in settlements of such actions, particularly with respect to reverse payment issues. He has handled FTC investigations into settlements of Hatch-Waxman actions as well. In addition, Jay has advised brand-name pharmaceutical companies defending against allegations of antitrust violations by consumer groups.