PUBLIC LECTURE: Chemistry in the Courtroom

At the conclusion of a report on a patent litigation involving the drug Viagra, The Economist quoted one of the attorneys involved as saying, “Forget horse racing, patent litigation is the true sport of kings.” Indeed, patent cases involving drugs provide a meeting ground for issues involving science and the law, and the courtroom can serve as a true intellectual battleground.

This non-technical lecture will cover a number of issues related specifically to litigations involving other major blockbuster drug(s), including excerpts from the courtroom proceedings.

Over nearly the last twenty years there has been a major increase in the awareness of the intellectual property implications and manifestations of the existence of multiple crystal forms, due in part, at least, to a number of high profile litigations involving some leading pharmaceutical products. The prosecution of these litigations involves the recruitment of expert witnesses, who are called by the opposing sides to inform the court of the scientific principles issues in the legal conflict as well as to provide evidence in support of the party that has retained them. The scientific subjects often deal with fundamental questions on the definition of chemical and physical terms, the precision, accuracy and interpretation of various analytical methods employed in the identification and characterization of different crystal forms, and the similarities and differences in the modus operendi of scientists and lawyers. These discussions frequently involve legitimate differences in scientific opinion with the courts left to decide either on which side is “right”, or perhaps which side is most convincing. Examples of these issues will be given in the course of the lecture.