Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...
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Dr. Daniel Shack is a PhD economist with over a decade of experience supporting clients in applying economic analysis and survey methodologies to litigation matters. He endeavors to serve his clients by being a principled and trusted contributor who approaches each problem with precision and preparation.
Dr. Shack specializes in the application of economic theory, regression analysis, and economic modeling to life sciences litigation. Example engagements on which he has worked include a class action matter that alleged a conspiracy among pharmaceutical manufacturers to fix prices and allocate sales of generic drugs sold in Canada; ascertaining liability and calculating damages in commercial disputes; responding to claims by state and local governments that distributors failed to meet their obligations to prevent diversion of controlled substances; and evaluating questions of market definition for prescription drug products. He has extensive experience across a wide range of cases, including allegations of anticompetitive behavior, class actions (in both the U.S. and Canada), Lanham Act and other allegations of deceptive marketing, FTC investigations, arbitrations, claims of patent infringe-ment, and tax disputes. Dr. Shack has also written several articles at the intersection of life sciences and antitrust, and is a contributing author to the 2026 update to the American Bar Association’s Pharmaceutical Antitrust Handbook (third edition).
Dr. Shack also supports clients in the use of survey methods to measure consumer perception and/or consumer behavior. This includes assisting in designing and conducting surveys and reviewing surveys put forth by opposing experts. He has applied such methodologies across industries and case types, including government investigations, employment and consumer class actions, and claims of lost profits due to alleged false advertising. Dr. Shack also is an author of an article that summarizes common critiques that opposing counsel tend to raise when seeking to have a survey expert’s opinion excluded, and how U.S. courts have ruled in several exemplar engagements.
