David Scharfstein has litigated a wide variety of commercial disputes, with a particular focus on antitrust and trademark litigation.
MEHRMr. Scharfstein’s antitrust experience includes the defense of Pfizer Inc. in a price discrimination action brought by several thousand independent pharmacies, as well as the defense of Novartis Pharmaceuticals Corporation in a claim by California retail pharmacies alleging that a group of brand name prescription drugs manufacturers conspired to fix the prices of their drugs. He also represents a major pharmaceutical manufacturer in multiple actions brought by State Attorneys General and private Third Party Payors asserting antitrust, consumer protection, Medicaid fraud and common law fraud claims in connection with the publication of certain pricing information allegedly used by such payors in calculating payments to retail pharmacies and physicians.
Mr. Scharfstein’s trademark, copyright, and related practice includes the prosecution of numerous cases on behalf of The Hershey Company involving infringement of Hershey’s Kisses® and Reese’s® trademarks and trade dresses. Mr. Scharfstein also represents a number of clients, including Pfizer, Inc., in proceedings before the Trademark Trial and Appeal Board.
Mr. Scharfstein is a contributor to The Price Point, a quarterly publication of the American Bar Association Section of Antitrust Law, and served as the editor of the publication from 2008–2009.