Deseret News | Judge orders Pfizer to pay BYU $852K for suit delays

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Judge orders Pfizer to pay BYU $852K for suit delays

kiaoraguy | 4:47 p.m. Oct. 28, 2009

Phizer may have a slew of attorneys but BYU has their own law school- and now that I've said that lets keep the BYU vs Utah comments out of here- stick to drugs

Ohboy | 5:07 p.m. Oct. 28, 2009

KIAoraguy, I'm sure Pfizer's attorneys are shaking in their boots over some law student at BYU.

Simmon | 8:23 p.m. Oct. 28, 2009

Took biochem 421 from Simmons in 1998 and he showed us the COX-2 enzyme structure (butterfly like). He showed us how to selectively inhibit it compared to COX1. He used it as an example to illustrate tertiary and quaternary structure. I didn't understand then what a big deal it was but now as a surgeon, I understand what a monumental discovery it was and still is. He described it like it was his child... such detail and attention to every detail. Excellent class. I still think about it when I think of pathophysiology, metabolism, pharmacology or cellular biology. Thanks Dr. Simmons. Hope you get due credit.

Comments continue below

Mordecai | 9:00 p.m. Oct. 28, 2009

I'm proud of BYU for standing it's ground and pursuing this to it's just ends. I'm very disappointed in Pfizer. I think this has as much or more to do with concealing that they didn't cover their legal bases when acquiring Monsanto than it has to do with money. BYU has an exceptional ammount of talent amongst it's faculty and student body. And unlike so many universities it doesn't try to exaggerate the quality of it's output. Pfizer would have done well to maintain an amicable relationship and absorb the loss.

True | 9:19 a.m. Oct. 29, 2009

Fight the good fight.

RE: Ohboy | 9:20 a.m. Oct. 29, 2009

What a shortsighted response that was! Have you looked at the distinguished and experienced faculty of the Law School? Pfizer should shake because of that...no one in their right minds would have such and important case entrusted to students.

BYU's Attorneys | 11:13 a.m. Oct. 29, 2009

I would imagine that BYU has retained a team of excellent attorneys for this lawsuit, but I seriously doubt whether it's relying on law school faculty members for its legal services. The law school's faculty is stellar, but they have enough work to do as it is, and they probably don't have the time--or the specific expertise and support staff--to undertake complex litigation like this.

With this money... | 11:35 a.m. Oct. 29, 2009

Please hire a good offensive coordiator for the BYU football team with this money awarded.

Ohboy | 11:51 a.m. Oct. 29, 2009

You sir are...interesting. No school is going to use law students on a case of this magnitude. Give your head a shake. I doubt they are even using JRC law school faculty as lead counsel. But they definately will be consulted on the case.

Observer | 12:02 p.m. Oct. 29, 2009

Monsanto does not have a history of fairness or ethical behavior. The scenario that BYU and Simmons say that occurred is highly likely in my mind. I would suggest the entire situation was premeditated on Monsanto's part whether is was a management decision or an employee thinking they could take advantage of another and get away with it.

Lalalaleesa | 12:19 p.m. Oct. 29, 2009

BYU had an in-house legal staff for its administration, as do most - if not all - major universities. In this specific case, they may have hired out, but no, they do not use Law School staff or students to manage their legal affairs. You can easily verify this by searching the school's admin directory online.

wallofvoodoo | 12:30 p.m. Oct. 29, 2009

Like Judge Judy always says, "get it in writing". Especially with the slimy drug companies, no matter what the size.

Beus Gilbert | 1:49 p.m. Oct. 29, 2009

BYU retained the Phoenix law firm of Beus Gilbert to handle this litigation against Pfizer. No BYU law students, but "Tall Paul" Gilbert was a BYU undergrad back in the day.

RE:With this money... | 1:53 p.m. Oct. 29, 2009

My sentiments EXACTLY!

And while we're at it lets buy a decent QB too!

Eugene | 1:59 p.m. Oct. 29, 2009

Unfortunately for today, money and power drives the world.

Remember the glory days when you could trust a handshake? Back when you could believe in someone's integrity? Integrity has been reduced to a little used and even lessor known commodity.

Those days are gone! Go BYU!

BobP | 2:04 p.m. Oct. 29, 2009

Law students can do a lot of raw research that funnelled thorugh the profs to the lawyers doing the case would find useful.

Anonymous | 2:15 p.m. Oct. 29, 2009

I am surprised the the Y, with all its alleged sophistication, failed to prepare and execute a proper agreement to protect against this event. It's highly unusually simply to hope or even expect that a large drug company will simply "let BYU know" if it ever gets anything out of the drug. Fourth graders enter into more complex arrangments. This does not mean that Pfizer should not make good on its alleged agreement, but c'mon, BYU. Protect yourself.

Anonymous | 2:30 p.m. Oct. 29, 2009

Man alive, I hope this pays for my tuition in the College of Life Sciences, that would be a good use, or how about buying the Spanish Fork farm back? Let's use this money to improve our college and provide opportunities for students and more research.

MD | 2:33 p.m. Oct. 29, 2009

Pfizer has been gouging the public for many years and it seems they also cheat those who develop their products. Good work BYU in standing up to this ruthless unethical giant.

Integrity | 2:37 p.m. Oct. 29, 2009

Unfortunately, these days some people think as long as it is legal, then it is ethical too. There are not enough people with integrity in the world so make sure you get it in writing and don't sign anything that does not benefit your interests.

Stupid Big Pharma | 3:29 p.m. Oct. 29, 2009

and then all you people trust big pharma with the H1N1 Vaccine? I say... use natural healing methods and put big pharma in the financial toilet!

LOL Big Pharma | 3:44 p.m. Oct. 29, 2009

yea "BIG PHARMA" is so EVIL, use snake oil and magical thinking to heal your illnesses, yea that makes sense LOL! I'm sure some peppermint oil blessed by a Shaman will heal up those pains, even cure cancer. Leave medicine up to quacks and scam artists, not scientist, that's what I say! NOT!

david | 3:48 p.m. Oct. 29, 2009

This is really a result of BYU's relative inexperience with research discovery and patenting (or Simmons not engaging BYU's patent lawyers early enough in the whole process). A major research university would have protected its interests without a problem, and the discovering professor would be rich for life and the university would be licensing the I.P./technology to drug companies. Since it is primarily a teaching university for undergraduates, BYU's legal infrastructure for patenting isn't what it needed to be for a discovery of this magnitude. Hopefully BYU and Simmons can prove illegal or at least unethical conduct on the part of Monsanto, but the absence of written agreements and Simmons' assertion that there were handshake deals seem unlikely to carry much weight in court.

As a matter of fact | 5:41 p.m. Oct. 29, 2009

handshake deals carry a great deal of weight in court. That's what witnesses and testimony and cross-examination are all about; determining the truth because rarely is it cut-and-dried. If everything was written down all the time we'd need just a fraction of the lawyers we have now. Think before you rant.

Monsanto & Buess Gilbert | 6:02 p.m. Oct. 29, 2009

I participated in an investigation in Monsanto nearly 10 years ago when they were a subsidiary of ConAgra. They dummied up revenues to the tune of several hundred million $$$.

Re: Buess Gilbert. Certainly not BYU law students but have some bright BYU alum working for them. One of my buddies works for BG He graduated from BYU's accounting program and got his JD from Univ. of Chicago's law school and been practicing over 10 years. I think BYU selected wisely in retaining BG.

Writing... | 6:34 p.m. Oct. 29, 2009

Even when there is an agreement in writing, sometimes the 'Goliath' company still tries to squash the 'David' man. Example: AMD (yes - that tech company) nearly lost itself completely because of the same type of policy makings. And it lost as well to the small 'David'. And look at where AMD is now.

Could say that Pfizer may have some economical issues as well because of this huge lawsuit. Full disclosure is needed, and they better bring it up quickly before they get charged with contempt.

Anonymous | 6:56 p.m. Oct. 29, 2009

Law students? That's laughable. I know the firm. Their top attorney is competent. Nasty (especially to those who work for him), but competent.

what in tucket? | 8:48 p.m. Oct. 29, 2009

No finer man than Dan Simmons. No one more honest. Pfizer is in the wrong.

Boise/Pam | 12:11 a.m. Oct. 30, 2009

You can't trust drug companies. It is all about the bottom line, big bucks. They have no morals or they wouldn't charge such outlandish amounts for their rx. Moral isn't in their language.

Brian | 11:15 a.m. Oct. 30, 2009

Nice to see how the big boys do it. Beats the heck out of stealing from the collection plate!

Re: Ohboy & Beus Gilbert | 12:06 a.m. Oct. 31, 2009

Ohboy, you clearly have no idea how the legal system works or how attorneys get paid. Leo Beus is the litigation half of Beus Gilbert, he only takes big-money contingency cases and I can guarantee that he is taking this case on contingency as well. He went to Michigan Law School, not BYU, though he did work at the same firm as BYU Law School's founding dean Rex E. Lee back in Rex's days of private practice. Beus will likely front all costs until the final settlement or verdict, I doubt he even charged BYU a retainer. Attorneys anywhere would kill for a case this huge, in Utah they can take a 30% contingency if it settles before trial, and 40% of it does go to trial. So even if this case settles for half of what they're demanding, Beus would walk away with around $150 million. Attorneys would kill for the opportunity to represent BYU in this case. Do you think BYU would trust this case to a law student with that kind of money on the line? Do you have any idea how much time is involved in litigation? Nice chat.

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