Drugmaker Corcept seeks to bar ex-judge's views in Teva antitrust case

By Mike Scarcella

WASHINGTON, Oct 12 (Reuters) - Drugmaker Corcept Therapeutics CORT.O is seeking to exclude testimony from a retired federal appeals court judge supporting Teva Pharmaceuticals TEVA.TA in an antitrust lawsuit, arguing her opinions could sway jurors without shedding light on the facts of the case.

In a filing on Friday in federal court in California, Corcept said consultant and retired judge Kathleen O’Malley of the US Court of Appeals for the Federal Circuit offered no technical expertise and that her presentation of legal opinions was inappropriate.

"Judge O’Malley’s usurpation of the jury is particularly harmful given her position as a former jurist," Corcept said. "It is likely that the jury will not understand she brings no technical expertise in any factual area in the case and give her testimony undue weight, even though her opinions are ultimately just how she thinks the jury should decide."

Teva, Corcept and O’Malley did not immediately respond to requests for comment.

Teva sued Corcept in 2024, claiming it monopolized the market for the drug Korlym to treat the hormonal disorder Cushing's syndrome. The lawsuit said Teva suffered "substantial lost revenue" from its efforts to market a generic version of Korlym, and seeks unspecified monetary damages and a court order stopping Corcept's alleged anti-competitive conduct.

Korlym's active ingredient is mifepristone, the same drug used for medication abortion. Corcept has denied the allegations.

O’Malley submitted a report as an expert for Teva in the case that said Corcept had filed “sham” patent infringement cases. Teva's lawsuit alleges Corcept pursued bogus lawsuits to thwart competition from Teva's generic version of Korlym.

O’Malley served on the Washington, DC-based Federal Circuit from 2010 to 2022. She later worked at law firms Irell and Sullivan & Cromwell before opening her own consulting business that includes appearing as an expert for companies in lawsuits.

Corcept contends O'Malley's expert report offered potential jurors no help understanding the claims in the lawsuit, in the way a doctor might testify about the scope of a claimed invention.

“Instead, Teva has hired a former federal judge to do the jury’s job for it,” Corcept’s lawyers at Quinn Emanuel said.

The case is Teva Pharmaceuticals USA Inc. v. Corcept Therapeutics Inc. et al, US District Court, Northern District of California, No. 5:24-cv-03567-NW.

For Teva: Devora Allon, Kevin Neylan Jr and Michael Shipley of Kirkland & Ellis

For Corcept: Robert Stone, Adam Wolfson and Steig Olson of Quinn Emanuel Urquhart & Sullivan

(Reporting by Mike Scarcella)