Fang Guo consults on matters involving antitrust and competition, consumer fraud and product liability, and intellectual property allegations, primarily in the life sciences and healthcare industries. On these matters, Dr. Guo has analyzed issues such as class certification, liability, and damages. She supports clients and experts in all phases of commercial litigation, including discovery and production, deposition, trial, and settlement negotiations.
Dr. Guo’s experience includes:
Antitrust and competition
- Analyzing class certification, liability, and damages issues for both direct purchasers and end-payors in matters alleging abuse of risk evaluation and mitigation strategy (REMS) programs, reverse payments, exclusive contracts, and other anticompetitive delays of generic entry
- Evaluating the competitive effects of vertical mergers in healthcare and national defense matters
- Analyzing liability and damages issues in matters alleging violations of anti-kickback statutes involving long-term care facilities, copay coupons, and charitable donations
Product misrepresentation and liability
- Assessing consumer damages stemming from allegedly inflated prices, resale value depreciation, and repair/replacement cost associated with product defects in automobiles and medical devices
- Evaluating causal impact of pharmaceutical marketing on physician prescribing behavior and patient health outcomes
- Examining class certification and liability issues in matters alleging misrepresentation of drug list prices
Statistical sampling
- Conducting and rebutting sample design and extrapolation methods in defect rate estimation, medical reimbursement disputes, and Medicare and Medicaid overpayment false claims matters
Intellectual property
- Analyzing indicators of commercial success and nexus to patent claims in Hatch-Waxman disputes, including issues related to blocking patents
- Conducting valuation analysis of intellectual property in cross-licensing
