Chris Holding is a partner in Goodwin’s Antitrust and Competition practice, Litigation department and is a member of the firm’s Life Sciences Disputes group. Chris has particular expertise in issues involving the intersection of antitrust and intellectual property. He has litigated cases in federal and state courts throughout the country and defended federal and state investigations.
Chris’s practice has been deeply immersed in the competition issues at the forefront of the pharmaceutical industry. In addition, he has represented clients on competition issues in industries ranging from health care devices to waste disposal to financial services. Chris regularly counsels clients on competition issues relating to pricing, including resale price maintenance, minimum advertised price programs, distribution agreements, and Internet pricing. In addition, he routinely advises clients on competition issues with respect to the licensing of IP rights.
Chris’s practice includes litigating competition issues in patent cases, including damages and injunction issues. He also litigates licensing disputes in court and arbitration and advises clients on licensing deals.
- In re HIV Antitrust Litigation (N.D.Cal.): Representing Teva in litigation challenging the settlement of patent litigation between Teva and Gilead concerning generic versions of the HIV medications Viread®, Atripla® and Truvada® based on allegations that purported “reverse payments” delayed generic entry.
- Mylan v. Teva et al. (D.N.J.): Representing Teva in defending several cases pending in the Districts of New Jersey and Vermont raising antitrust, Lanham Act, RICO, and other claims in relation to Teva’s branded multiple sclerosis product, Copaxone®.
- In re Intuniv Antitrust Litigation (D.Mass.): Represented Actavis in defense of private antitrust litigation based on claims of “reverse payment” patent settlement.
- LBE v. BarBri et al. (2d Cir.): Represented bar review provider in case alleging collusion with leading law schools to exclude rival course provider. Obtained dismissal with prejudice; affirmed on appeal.
- Sergeants Benevolent Ass’n v. Actavis et al. (S.D.N.Y.) (Namenda): Represented Teva in defense of private antitrust litigation based on challenge to patent settlement agreements.
- FTC v. AbbVie and Teva (E.D.Pa) (Androgel/fenofibrate): Represented Teva in defense of antitrust lawsuit filed by Federal Trade Commission alleging that agreements between AbbVie and Teva settling litigation concerning generic AndroGel and providing Teva supply of fenofibrate constitute a “reverse payment.”
- Abbott v. Teva (D. Del.) (TriCor): Represented Teva as plaintiff in precedent-setting antitrust challenge to the strategic use of life cycle management “product hopping” strategies to delay generic competition. Litigated through trial and settlement.
- GSK v. Teva (D.Del.) (Coreg): Representing Teva in defense of patent infringement and damages claims following “at risk” launch of generic carvedilol. Leading damages defense.
- Otsuka v. Teva (D.N.J.) (Abilify): Defeated TRO, clearing way for Teva and other generic companies to launch generic aripiprazole.
- Wyeth v. Teva (D.N.J.) (Protonix): Represented Teva in defense of patent infringement and damages claims following “at risk” launch of generic pantoprazole. Tried damages case to jury prior to settlement.
- In re Rituxumab Patent Litigation (D.N.J.): Represented Teva and Celltrion in defense of patent litigation about biosimilar product. Led defense of irreparable harm issues for PI prior to settlement.
- Confidential Arbitration (AAA): Represented brand pharmaceutical company in dispute raising claims for antitrust, breach of contract, and patent misuse related to license and supply agreements.
- Shionogi v. Andrx et al. (N.Y.Sup.Ct.) (Fortamet): Represented Actavis as defendant in litigation seeking injunctive relief and damages in connection with a license and supply agreement concerning Fortamet.
- Teva v. Shire (S.D.N.Y.) (Adderall XR): Represented Teva as plaintiff in litigation seeking injunctive relief and specific performance in connection with supply agreement between Teva and Shire concerning generic Adderall XR. Also represented Teva as intervenor in subsequent related litigation instituted by Impax against Shire.
FDA Litigation & Regulatory Matters
- Apotex v. Alcon (S.D. Ind.) (Olopatadine): Represented Barr as intervenor-defendant in declaratory judgment action by Apotex seeking to force a forfeiture of Barr’s first-filer exclusivity. Won dismissal of action for lack of subject matter jurisdiction, allowing Barr to launch product with exclusivity.
- Otsuka v. FDA (D.Md.) (Abilify): Represented Teva as intervenor-defendant in litigation challenging FDA’s decision that Otsuka’s pediatric exclusivity did not block approval of ANDAs for generic aripiprazole. Successfully defeated TRO and won summary judgment.
Amicus Briefs for Generic Pharmaceuticals Association
- FTC v. Actavis (Supreme Court): Filed certiorari and merits briefs arguing against use of per se or “quick look” standards for evaluating patent settlement agreements.
- In re Wellbutrin Antitrust Litigation (Third Circuit): Filed brief addressing legal and evidentiary standards for causation and antitrust injury in private actions challenging settlement agreements.
Chris is a member of the American and Boston Bar Associations. He currently serves as a trustee of the Episcopal Divinity School at Union Theological Seminary in New York, and of the Social Law Library in Boston.
From October 1998 through April 1999, Chris served as a special assistant district attorney in the Middlesex County (MA) District Attorney’s Office, where he prosecuted crimes and conducted numerous jury trials.
Harvard Law School
(magna cum laude)
(summa cum laude)
Connecticut Supreme Court, Honorable Ellen A. Peters
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Massachusetts
- U.S. District Court of Connecticut
Recognition & Awards
Chris’s recent publications and speaking engagements include:
- Contributor, “Guide to Biosimilars Litigation and Regulation in the US, 2022-2023 ed.,” published by Thomson Reuters, December 2022
- Co-Author, “First Circuit,” US Courts Annual Review — Third Edition, Global Competition Review, June 2022
- Contributor, “Guide to Biosimilars Litigation and Regulation in the US, 2020-2021 ed.,” published by Thomson Reuters, November 2021
- Co-Author, “First Circuit,” US Courts Annual Review — Second Edition, Global Competition Review, July 2021
- Co-Author, “First Circuit,” US Courts Annual Review, Global Competition Review, July 2020
- Speaker, “5G and SEPs on Appeal: Insights from the FTC-Qualcomm Oral Argument,” Goodwin Webinar, February 2020
- Contributor, “Guide to Biosimilars Litigation and Regulation in the US, 2019-2020 ed.,” published by Thomson Reuters, November 2019
- Speaker, “Jumpstart Bio Series: The Future of Drug Pricing,” October 2017
- Speaker, “17th Annual Conference on Emerging Issues in Healthcare Law,” ABA Health Law Section March 2016
- Co-Author, “FTC Amicus Brief Confirms Need for Independent Proof of Causation in Private Reverse-Payment Antitrust Cases,” Goodwin Client Alert, February 2016
- Speaker, “How to Settle Patent Cases After Activist,” ABA’s 63rd Antitrust Spring Meeting, April 2015
- Speaker, “Actavis, Valuations and Fairness Opinions,” GPhA Annual Meeting, February 2015