Fang Guo consults on antitrust and competition, consumer fraud and product liability, and intellectual property matters, primarily in the life sciences and healthcare industries. In these contexts, Dr. Guo has analyzed class certification, liability, and damages, among other issues. She supports clients and experts in all phases of commercial litigation, including discovery and production, analysis and expert report preparation, deposition, trial, and settlement negotiations. Dr. Guo serves as the Young Economist Representative on the editorial board of The Antitrust Source, the online publication of the Section of Antitrust Law of the American Bar Association (ABA).
Dr. Guo’s experience includes:
Antitrust and competition
- Analyzing class certification, liability, and damages issues in direct purchaser and end-payor matters
- Examining alleged anticompetitive delays of generic entry due to reverse payments (e.g., in the form of quantity limits or step-down royalties), fraudulent patent listings, and abuse of risk evaluation and mitigation strategy (REMS) programs
- Analyzing alleged market power and anticompetitive effects resulting from exclusive purchase agreements and alleged breaches of contract
- Evaluating the impact of pharmacy benefit managers (PBMs) and their pricing practices in generic drug price-fixing matters
- Analyzing alleged violations of anti-kickback statutes by means of copay coupons, charitable donations, and consulting services provided by manufacturers and long-term-care pharmacies
- Evaluating competitive effects of vertical mergers in healthcare and national defense matters
Product misrepresentation and liability
- Assessing consumer damages stemming from allegedly inflated prices, resale value depreciation, and repair/replacement costs associated with automobile and medical device product defects
- Evaluating how pharmaceutical marketing may affect physician prescribing behavior and patient health outcomes
- Examining alleged misrepresentation of list prices for composite drugs and insulin products
- Analyzing failure to warn allegations for infant formula products
Statistical sampling
- Conducting and rebutting sample design and extrapolation methods in defect rate estimation, medical reimbursement disputes, and Medicare and Medicaid overpayment false claims matters
Intellectual property
- Analyzing indicators of commercial success and nexus to asserted patents in Hatch-Waxman disputes
- Conducting valuation analysis of intellectual property in cross-licensing matters