In Brief: A Digest of Generic Drug Projects

Client Success

Represented TWi Pharmaceuticals Inc. and Teh Seng Pharmaceutical Mfg. Co. Ltd. in a patent infringement case alleging their generic version of Endo’s Lidoderm infringed several patents. The case was favorably settled on the eve of trial.
Represented Apotex Inc. and Apotex Corp. on their generic risedronate product against brand-name Actonel, invalidating the patent with summary judgment of obviousness and taking the lead among co-defendants in defending the appeal.
Defended TWi Pharmaceuticals Inc. in a patent infringement case alleging its generic version of Par Pharmaceutical’s Megace ES infringed Alkermes’ (formerly, lan) patent for nanocrystal megestrol acetate. The District Court entered judgment that the patent was invalid as obvious.
Advised Watson Pharmaceuticals Inc. and Watson Laboratories Inc. on a case relating to a methylphenidate transdermal patch sold by Noven as Daytrana. Obtained partial summary judgment rulings of noninfringement and invalidity due to inadequate written description, leading to settlement allowing launch in 2015 before patent expiration in 2018.
Represented Lupin Limited and Lupin Pharmaceuticals Inc. in obtaining a judgment invalidating the patent on brand-name Generess Fe following a bench trial.
Defended TWi Pharmaceuticals Inc. (and its predecessor, Anchen Pharmaceuticals Inc.) in a patent infringement case alleging its generic version of Amrix infringed Cephalon’s patents. After the court entered judgment in TWi’s favor, TWi also was awarded attorneys’ fees.
Represented Apotex Inc. and Apotex Corp. on their generic hypertension drug amlodipine besylate against brand-name Norvasc, clearing the way for Apotex’s launch by invalidating for obviousness the brand’s patent claiming a particular salt form.
Defended TWi Pharmaceuticals Inc. in a patent infringement case alleging its generic version of Purdue's Intermezzo infringed several patents. After trial and appeal, the patents were found invalid as obvious.
Represented Apotex Inc. and Apotex Corp. on their generic antibiotic eardrop oflaxacin product against brand-name Floxin Otic, clearing the way for Apotex’s launch by invalidating the patent for obviousness by showing that the relevant level of skill in the art was a pharmaceutical researcher and not a treating physician.
Represented Anchen Pharmaceuticals Inc. (now Par Pharmaceutical) in a patent infringement case involving its generic version of Jazz’s Luvox CR. The case was favorably settled after filing a motion for summary judgment.