Zoya Marriott coheads Cornerstone Research’s life sciences practice. Dr. Marriott has over twenty years of experience in life sciences litigation, with an emphasis on matters alleging antitrust, consumer fraud and product liability, and intellectual property (IP) violations as well as breach of contract. Dr. Marriott has served as an expert witness in Hatch-Waxman litigations.
Dr. Marriott works with attorneys and economic, marketing, finance, medical, and industry experts in all phases of the litigation process, including discovery, filing of expert reports, depositions, and trial.
Antitrust
In antitrust matters, Dr. Marriott’s experience includes:
- Assessing market definition, liability, damages, and class certification issues in firm v. firm matters, as well as cases brought by classes of direct and indirect purchasers and end payer plaintiffs
- Evaluating merits in matters alleging price fixing and market foreclosure through sham patents, killer acquisitions, reverse payment settlements, exclusive supply agreements, and Risk Evaluation and Mitigation Strategy (REMS) programs
Dr. Marriott filed an amicus curiae brief as part of a group of antitrust economists with the United States Court of Appeals for the Fifth Circuit in Impax Laboratories, Inc. v. Federal Trade Commission.
Consumer fraud and product liability
Dr. Marriott has analyzed class certification, liability, and damages issues in matters alleging off-label marketing, product misrepresentation, and failure to warn. Her experience also includes:
- Assessing manufacturers’ price reporting practices and payors’ reimbursement policies and their impact on pharmacies
- Conducting survey research to evaluate influence of alleged off-label promotions relative to other factors on physicians’ prescribing behavior
Intellectual property
Dr. Marriott addresses a range of IP issues arising in life sciences matters. Her experience includes:
- Estimating alleged lost profits, unjust enrichment, avoided cost damages, and reasonable royalties in patent matters involving branded, generic, and biosimilar pharmaceutical entrants
- Evaluating indicators of commercial success and nexus to patents in multiple Hatch-Waxman disputes for composition, formulation, and method of use patents
- Supporting preliminary injunction filings assessing irreparable harm, balance of hardships, and public interest considerations
Breach of contract
In litigation alleging breach of development, commercialization, and marketing contractual obligations for drugs and medical devices, Dr. Marriott has examined economic incentives, commercially reasonable efforts, and damages.
Thought leadership
Dr. Marriott has published articles on the impact of generic entry on consumer welfare and assessing reverse payment settlements. She has presented at conferences on topics related to life sciences mergers, antitrust, IP, and pharmaceutical pricing.
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