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Capabilities

Company Granted Permission to Launch Generic Version of AIDS Drug

 
Case Study

Situation

Our client, a pharmaceutical company, developed a generic version of Megace ES, an oral nanoparticulate megestrol acetate suspension for use in HIV and AIDS patients suffering from weight loss. The brand-name drug company claimed that use of the generic version infringed its licensed patent.

Result

The court issued a decision in favor of our client, concluding that the brand-name drug patent was obvious and therefore invalid. As a result of the decision, the FDA is free to approve and our client is free to launch a generic version of the AIDS drug.