Mr. Holding’s recent representative matters in the pharmaceutical industry include:
- Defending clients in numerous governmental investigations and private class actions challenging “reverse payment” settlement agreements
- Serving as lead counsel for the plaintiff in the first “product hopping” case to go to trial, establishing new law concerning challenges to the use of life cycle management strategies to deter competition
- Representing plaintiffs and defendants in cases involving allegations of fraudulent patent procurement and sham litigation
- Representing a client in state attorney general investigation concerning agreement among generic drug company competitors
- Litigating intellectual property damages issues in connection with “at risk” launches of generic products
- Advising clients on competition issues in relation to Risk Evaluation and Mitigation Strategies (“REMS”) programs
- Representing and advising clients on FDA matters concerning regulatory exclusivities and approval of generic drugs, including citizen petitions and court challenges to FDA decisions
Mr. Holding is a member of the American and Boston Bar Associations. He currently serves as a trustee of the Episcopal Divinity School in Cambridge, MA.
From October 1998 through April 1999, he served as a special assistant district attorney in the Middlesex County (MA) District Attorney’s Office, where he prosecuted crimes and successfully litigated several jury trials.