Rahul Guha has more than two decades of experience with issues related to pharmaceuticals and healthcare. The former cohead of Cornerstone Research’s antitrust and competition practice, Dr. Guha also founded the firm’s life sciences practice. He has led the firm’s work on numerous complex antitrust and competition, intellectual property, and product misrepresentation cases, and served as a testifying expert on several life sciences matters.
Dr. Guha consults on regulatory inquiries, motion practice, and all phases of litigation and arbitral proceedings in the United States and international venues. Working with counsel, he helps to develop economic and financial testimony for leading academic and industry experts. Who’s Who Legal names Dr. Guha as a leading competition economist.
Antitrust and competition
Dr. Guha has analyzed class certification, liability, and damages in multiple matters in the pharmaceutical industry. His expertise includes issues related to alleged sham litigation, exclusive supply arrangements, and reverse payments. In numerous matters involving generic competitors, direct purchasers, and indirect purchasers, Dr. Guha has addressed alleged product-hopping, monopoly, conspiracy, and delayed market entry. Representative matters include:
Dr. Guha has worked on significant merger investigations and antitrust matters, both in the United States and Europe. He has designed and administered complex surveys to evaluate theories of consumer harm, and also critiqued market research studies. Such matters include:
- United States v. AT&T Inc. et al.
- European Commission’s Phase II Investigation of the Essilor/Luxottica Merger
Dr. Guha has worked on numerous Hatch-Waxman Paragraph IV cases. He has evaluated irreparable harm from “at-risk” entry by manufacturers of generic pharmaceuticals; in several of these matters, courts granted motions for preliminary injunctions filed by the branded drug companies. Dr. Guha has also analyzed commercial success issues related to obviousness claims in cases involving antipsychotics, antivirals, depression, ED, epilepsy, migraine, narcolepsy, OAB, oncology, osteoporosis, and statins.
Dr. Guha has estimated damages, critiqued lost profits, and assessed reasonable royalties in multiple patent and trade secrets cases. His expertise includes a wide range of pharmaceuticals and biologic treatments, covering conditions such as asthma, cancer, multiple sclerosis, and rheumatoid arthritis. His casework includes:
- Alleged Theft of Trade Secrets for a Drug in Development
- Section 337 Unfair Import Investigation of Medical Devices
Dr. Guha consults with attorneys on government-initiated criminal and civil claims stemming from the alleged off-label marketing of major drugs, assessing factors that may have led doctors to prescribe for off-label indications, and determining economic causation. In In re Actiq Sales and Marketing Practices Litigation, he analyzed class certification and damages issues related to the alleged off-label marketing of a painkiller approved for cancer pain.
He has addressed state False Claims Act and average wholesale pricing (AWP) in multiple matters related to alleged fraudulent pricing and Medicaid overpayment.
Dr. Guha has published articles on competition, intellectual property issues in pharmaceutical and biologic drug markets, and analytic marketing techniques in litigation. He has given presentations on these topics at numerous conferences in the United States and Europe. In addition, he has taught graduate-level courses at Cornell University, Dartmouth College, and the Indian School of Business.
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