Dr. Falk Pharma GMBH v. Generico, LLC

The Katten law firm signed an engagement letter with Bausch & Lomb, a corporate affiliate of Valeant, that broadly defined Katten’s client as any Valeant entity. Attorneys Mukerjee and Soderstrom represented Mylan during various stages of proceedings in which Valeant was adverse, first, as Alston & Bird attorneys, but later, as Katten attorneys. Valeant and others moved to disqualify Katten as counsel for Mylan in three pending appeals concerning patents and trademarks. The Federal Circuit granted those motions. Katten has an ongoing attorney-client relationship with Valeant and its subsidiaries, so Katten’s representation of Mylan in these appeals presents concurrent conflicts of interest in violation of Rule 1.7(a) of the Model Rules of Professional Conduct. View "Dr. Falk Pharma GMBH v. Generico, LLC" on Justia Law