Biopharmaceutical Firm Suffers Damages From Intellectual Property Infringement

ByJohn Lomicky


Updated on April 11, 2019

This case involves a biopharmaceutical firm that focused their research and development on diabetes medications. Following the clinical success of a new-wave medication, a senior drug discovery employee resigned from the company and began working for a competitor. Shortly thereafter, the competitor developed and released a similar diabetic drug with success. It was alleged that the employee brought trade secrets to his new employer which influenced company strategy and accelerated the process of developing their product. An expert in damages with particular experience in the pharmaceutical industry was sought to opine on the harm suffered by the plaintiff biopharmaceutical firm as a result of the former employee’s breach of confidentiality and sharing of trade secrets.

Question(s) For Expert Witness

1. Please describe your background in damages, particularly as it relates to drug development.

2. What experience do you have testifying on intellectual property/infringement cases?

Expert Witness Response E-107914

inline imageI have ample experience with biopharmaceuticals and the drug development process in general, as well as particular experience in intellectual property, trade secrets, and calculating damages. My background in drug development includes several years as the head of health economics worldwide for a contract research organization. In this capacity, I was tasked with adding economic endpoints to Phase III clinical trials. I was also the head of one of the firm's offices, and in this capacity was in charge of selling clinical trial services to the metropolitan biotechnology community. During my time at the contract research organization, I became very familiar with the details of the clinical trial process. Since that time, I have provided expert testimony on a number of occasions in disputes involving aspects of the drug development process. I have testified on multiple occasions on damages in intellectual property disputes. On a number of occasions, juries have awarded my clients 8- and 9-figure damage awards based on my testimony. I have also testified on multiple occasions in the theft of trade secret disputes. In this area, I have testified on behalf of both plaintiffs and defendants. I was the principal damage witness on behalf of the plaintiff in the civil lawsuit that followed the first felony conviction under the Economic Espionage Act. On that occasion, the jury awarded $80,000,000 in damages.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.

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