Sara A. Poulos
Experience
Complex commercial litigation with a particular emphasis on antitrust, intellectual property, economic analyses, and health care litigation.
Has represented both plaintiffs and defendants in patent and other intellectual property litigation, focuses on economic analyses and the intersection of intellectual property and antitrust issues.
Has represented health care clients in antitrust, contract and unfair trade practice actions involving pharmacy issues, pricing disputes, mergers and acquisitions and PBM agreements.
Broad-based business litigation background includes both plaintiffs' and defense work in cases involving issues of securities fraud, lender liability, breach of contract, patent infringement, unfair trade practices, antitrust and misappropriation of trade secrets.
Outside Experience
- Former journalist
- Taught legal writing at the University of Minnesota and the University of Pennsylvania
Selected Results*
Omnicare, Inc. v. UnitedHealth Group, Inc.: Represented defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraudulent practices relating to prescription drug reimbursement under the federal Medicare Part D program. Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief. After lengthy discovery and numerous pretrial motions, we obtained summary judgment in favor of our clients on all claims on January 16, 2009.
Represented Union Oil Company of California during investigation and at trial in defense of antitrust claims brought by the Federal Trade Commission on patents involving reformulated gasoline technology.
DiMassa v. Medtronic AVE: Trade secret litigation concerning the Bonneau stent which was the platform for the AVE business. The case was in jury selection when it settled, employing a creative settlement model. The case was then arbitrated to a JAMS judge in San Francisco.
Representation of Blues plans and other health insurers in litigation against drug manufacturer for overpayments made for the prescription drug Paxil and Paxil CR. After lengthy discovery and numerous pretrial motions on claims which included allegations of antitrust violations arising from manufacturers' use of patents to keep generics out of the market, we obtained settlement for our clients in the fall of 2008.
Blue Cross Blue Shield of Minnesota,
American Medical Security Life Insurance
Company, Blue Cross Blue Shield of
Massachusetts, Blue Cross Blue Shield of
Nebraska, Carefirst, Inc., Blue Cross Blue
Shield of Delaware, Inc., Excellus Health
Plan, Inc., Hawaii Medical Service
Association, Health Care Services
Corporation, Horizon Health Care Services,
Inc., Humana Inc., Louisiana Health Service
& Indemnity Company, Medical Mutual of
Ohio, Mutual of Omaha Insurance Company,
Oxford Health Plans, LLC, Wellmark, Inc.,
The Regence Group, Time Insurance
Company, Union Security Insurance
Company, John Alden Life Insurance
Company v. Glaxosmithkline plc, et al.
Represented Unocal Corporation against ARCO, Chevron, Exxon, Mobil, Shell and Texaco in action for patent infringement on reformulated gasoline technology.
Memberships
- Hennepin County Bar Association (Fourth District Ethics Committee)
Bar Admissions
- Minnesota
- Minnesota Supreme Court
- U.S. Court of Appeals, D.C. Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. District Court, Minnesota
Education
- University of Pennsylvania Law School, J.D. (1987)
- University of Michigan, B.A., Political Science, with distinction
Selected Articles and Speeches
- Figuring Damages, Post eBay
American Intellectual Property Law Association, Miami, Florida (January 28-31, 2009) - Lost Profits in Commercial Damages & Intellectual Property Litigation Teleconference
Expert Faculty Member (October 25, 2006) - Effective Use and Preparation of 30(b)(6) Witnesses
American Intellectual Property Law Association (AIPLA) Spring Meeting (2003)