Ken O’Rourke leads O’Melveny’s Los Angeles Litigation Practice where he represents established and emerging companies in complex, multi-forum civil litigation in federal and state courts, including:
Antitrust cases—such as class actions, monopolization, international cartels, government investigations, merger litigations, unfair competition, and reverse-payment settlements;
Intellectual property lawsuits involving antitrust issues—such as reverse payment pharmaceutical antitrust cases and FTC investigations, patent misuse, Walker Process claims, and patents enforced on industry standards; and
Complex business, technical and financial controversies and litigation.
In 2015, Mr. O’Rourke serves as interim Chief Legal Officer of one of the nation’s largest health insurance companies. He is admitted to practice in California and as a solicitor on the roll in England & Wales. He is the immediate past Chair of the California State Bar Antitrust & Unfair Competition Law Section Executive Committee, and is a member of the ABA Antitrust Section’s International Cartel Task Force.
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The Federal Trade Commission (“FTC”) has reached a settlement resolving its claims that Cephalon, Inc. violated the antitrust laws by entering into reverse payment settlements to delay generic competition for Provigil. This is the first FTC settlement of a reverse payment case post-Actavis, and (...)
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But Decision Raises as Many Questions as it Answers The Supreme Court yesterday held that it may be unlawful under the antitrust laws for a brand-name drug manufacturer to resolve patent litigation against an allegedly infringing generic drug maker by paying the generic to forestall market (...)
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The authors of this Trends focus on several decisions delivered in the United States and in Europe, related to pay-for-delay settlements in the pharmaceutical sector. This type of settlements has spread in the past few years, and aim to postpone the arrival of generics on the market, with (...)
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