Eric M. Gaier, PhD

Dr. Eric M. Gaier is a founding member of Bates White, LLC, and currently serves on the firm's Board of Directors. He focuses on matters in the Antitrust and Competition, Healthcare, and Life Sciences Practices. Dr. Gaier has significant experience in the application of economic and statistical analyses to antitrust, intellectual property, False Claims Act (FCA), Employee Retirement Income Security Act (ERISA), California Unfair Competition Law (UCL), commercial success, and other legal frameworks. He specializes in economic analysis of issues associated with class certification, liability, causation, and damages.

Dr. Gaier has testified and consulted for government, law firm, and corporate clients across a variety of industries including health insurance, pharmaceuticals, medical devices, retail sales, agriculture, technology, commercial aviation, aerospace manufacturing, and defense procurement.

PhD, Economics, Duke University

MA, Economics, Duke University

BA, Economics, Florida State University

SPOTLIGHT

Dr. Gaier was interviewed by The Graduate School at Duke University as part of its Alumni Profiles Series. Read the interview here. 

Antitrust and damages

• In Sandoz Inc. and RareGen LLC v. United Therapeutics Corporation and Smith's Medical, testified regarding issues of market definition, market power, competitive effects, and irreparable harm on behalf of United Therapeutics and Smiths Medical. 
• In Takeda Pharmaceutical Company Limited v. Zydus Pharmaceuticals (USA) Inc., testified concerning market definition, market power, competitive effects, and damages on behalf of Takeda in connection with Zydus’s antitrust counterclaims. 
• In In re Teva Securities Litigation, testified on antitrust issues associated with alleged misrepresentations regarding the sources of Teva’s profits and the competitiveness of markets for generic drugs. 
• In Static Control Components, Inc. v. Lexmark International, Inc., testified at trial on market definition, market power, and competitive impact. 

Class certification

• In Medical Mutual of Ohio v. AbbVie Inc., testified regarding economic issues associated with class certification and merits on behalf of a joint defense group of leading testosterone replacement therapy manufacturers in connection with alleged RICO and antitrust violations. 
• In In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation, testified on economic issues associated with class certification and merits on behalf of WellPoint. 
• In Center City Periodontists, P.C. v. Dentsply International, Inc., testified at hearing on economic issues associated with class certification and damages. 
• In In re Pharmaceutical Industry Average Wholesale Price Litigation, testified at trial on economic issues associated with class certification and merits on behalf of a joint defense group of leading pharmaceutical manufacturers. 

Fraud and False Claims Act

• In State of New Mexico, ex rel. Hector H. Balderas, Attorney General v. Solvay Pharmaceuticals, Inc., testified regarding causation in connection with alleged violations of New Mexico’s Unfair Practices Act and False Advertising Act concerning alleged off-label marketing of AndroGel^®.
• In United States v. Novartis Pharmaceuticals Corp., testified regarding causation and damages on behalf of Novartis in connection with alleged FCA violations associated with alleged kickbacks associated with promotional events.
• In United States ex rel. Donald R. Galmines v. Novartis Pharmaceuticals Corp., testified on causation and damages on behalf of Novartis in connection with alleged FCA violations concerning alleged off-label promotion of Novartis’s Elidel^®.

Intellectual property

• In Becton Dickinson and Company (BD) Beckman Coulter, Inc. (Beckman), testified regarding irreparable harm and nexus in connection with BD’s motion for a preliminary injunction to block Beckman from selling its CytoFLEX SRT line of cell sorters.
• In Purdue Pharma L.P. v. Amneal Pharmaceuticals, LLC, testified regarding commercial success as an objective indicator of patent non-obviousness on behalf of plaintiff Purdue alleging patent infringement in connection with Amneal’s generic version of Purdue’s reformulated abuse-deterrent OxyContin^® opioid pain medication.
• In Purdue Pharma LP v. Watson Laboratories, Inc. served as a testifying expert regarding commercial success as a secondary consideration of patent nonobviousness on behalf of Purdue.
• In Amgen Inc. v. Hospira, Inc., served as a testifying expert on irreparable harm in connection with Amgen’s motion for preliminary injunction to enforce the Biologics Price Competition and Innovation Act (BPCIA) notice period against Hospira’s pending launch of Retacrit^®.

Pharmaceutical pricing and reimbursement

• In Ohio Bureau of Workers’ Compensation (BWC) v. OptumRx Administrative Services, LLC, testified on behalf of Optum concerning purported damages resulting from alleged overpayments for prescription drugs.
• In State of Louisiana v. Molina Healthcare, Inc., testified regarding causation and damages on behalf of Unisys Corporation concerning allegations of improper adjudication and overpayments for state Medicaid prescription drug claims.
• In State of Illinois v. Abbott Labs, Inc., testified at trial on causation and damages on behalf of certain Johnson & Johnson companies concerning allegations of deceptive pricing practices.
• In Commonwealth of Kentucky v. AstraZeneca Pharmaceuticals LP, testified regarding liability, causation, and damages on behalf of certain Johnson & Johnson companies concerning allegations of deceptive pricing practices.
• In State of Alabama v. Abbott Labs., Inc., testified at trial on behalf of a joint defense group of leading pharmaceutical manufacturers.