The American Lawyer’s Litigation Daily has recognized Jonathan Polkes and his trial team as Litigators of the Week. This accolade follows their success in securing a jury verdict awarding Regeneron US$406.8 million in damages against Amgen for violations of federal and state antitrust laws, as well as tortious interference with Regeneron’s prospective business relations.
Jonathan Polkes commented on the significance of the case, stating, “The case was not just about two pharmaceutical companies in a commercial dispute. It was really about the health care system in this country and how to preserve the integrity and fairness of the critical, and not widely known, part of the system that impacts the cost of medications, where a pharmacy benefit manager decides which drugs to cover.”
The legal battle centered around antitrust issues related to contracts with pharmacy benefit managers and followed a patent lawsuit. Jonathan elaborated on their strategy: “We needed to frame this in a way that would enable an everyday American who understands the impact of the cost of pharmaceuticals to also understand the complex antitrust issues at play from a legal perspective.”
As first chair leading the trial team, Jonathan detailed his involvement: “I handled the opening and closing arguments, direct examinations of senior client representatives and conducted two critical cross examinations of Amgen executives.” He also highlighted Adam Banks’ contributions: “Adam Banks, another White & Case partner and senior trial team member, argued motions and jury instructions, and he also conducted a cross examination.”
