That Desai has mounted a defence is not the only development on the file. In yet another twist to an already bizarre case, Teva decided this week to drop Sandhu as a co-defendant in the lawsuit—for nothing in return, it appears. Fired in October 2016 (and later investigated by the FBI, in a probe that didn’t result in criminal charges), Sandhu’s suspicious activity is what sparked the lawsuit in the first place. Yet for reasons that remain a mystery, Teva filed a notice of voluntary dismissal on Monday, halting all claims against Desai’s alleged lover.
Why is she no longer being sued? Lawyers for Teva USA have yet to reply to a request for comment from Maclean’s. Lisa Mathewson, Sandhu’s Philadelphia-based lawyer, would only confirm that the parties did not negotiate an out-of-court deal. “Teva USA dismissed Ms. Sandhu from the case voluntarily, and not pursuant to a settlement,” Mathewson said via email.
What remains of the pillow-talk lawsuit is difficult to comprehend: Teva USA is still seeking damages against Desai and Apotex for allegedly stealing valuable company secrets, but it is not suing the ex-employee who allegedly leaked said secrets.
Apotex submitted its reply to the lawsuit on the same day as Desai, and like its former CEO, Canada’s largest drug-maker denies any wrongdoing. “Apotex has at all times acted in good faith,” reads the filing, which requests that the lawsuit “be dismissed in its entirety.” Apotex specifically denies acquiring any confidential documents from Teva—or that any such records were shared with multiple company executives, let alone used to “improperly profit at Teva USA’s expense.”