News & Events

On September 29, Judge Sheridan (D.N.J.) ruled in favor of Simpson Thacher’s longtime clients, Japanese pharmaceutical company Daiichi Sankyo Co. Ltd (Daiichi Sankyo), and its U.S. subsidiary, Daiichi Sankyo, Inc. (DSI), dismissing both entities from the high profile In Re Lipitor multidistrict “pay-for-delay” antitrust litigation for a second time. Nearly four years ago, Simpson Thacher first obtained a complete dismissal of the case against both Daiichi Sankyo and DSI. The case continued against other defendants and, following an appeal to the U.S. Court of Appeals for the Third Circuit, was remanded to Judge Sheridan on limited jurisdictional issues. On remand, Judge Sheridan held that diversity jurisdiction exists, but that Japanese parent Daiichi Sankyo is not subject to personal jurisdiction of the Court and therefore dismissed it from the case on that ground. Judge Sheridan further held that his previous decision that the complaint failed to state a claim against U.S. subsidiary DSI remains in effect following his ruling on diversity jurisdiction, and so restated his dismissal of DSI from the case as well.

The Simpson Thacher team representing Daiichi Sankyo and DSI includes Noah Leibowitz, Buzz Frahn, Kassie Helm and Francis Acott (Litigation).