AstraZeneca v. TAP Pharmaceuticals, Inc.
In this matter, Analysis Group worked on behalf of AstraZeneca, which was sued by TAP Pharmaceutical Products over allegedly false statements made by AstraZeneca in its advertisements for Nexium, a drug used to treat heartburn and erosive esophagitis. TAP manufactures a competing drug, Prevacid, and claimed that the allegedly false and misleading advertisements caused a loss in sales (and damages) for TAP. AstraZeneca counsel Kramer, Levin, Naftalis & Frankel LLP retained Analysis Group to provide a rebuttal damages analysis related to TAP's claim. Managing Principals Paul Greenberg and Alan White led a team supporting academic affiliate Professor Frank Sloan in his independent analysis of all market factors that may have contributed to the decline in sales of TAP's drug. Professor Sloan evaluated the impact of a number of factors in determining sales of both Nexium and Prevacid and concluded that TAP's expert had not demonstrated the link between changes in sales of Prevacid and AstraZeneca's advertising of Nexium.
In that case, the Court dismissed TAP Pharmaceutical's $247 million damage claim and granted AstraZeneca summary judgment on virtually all of TAP's claims.
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