Aptalis Pharmatech, Inc., Ivax International GMBH v. Apotex Inc., Apotex Corp. (Fed. Cir. 2018). Represented Apotex in patent litigation involving Apotex’s generic version of Amrix, a product used to treat muscle spasms. On appeal, the Federal Circuit ruled in favor of Apotex. In its ruling, the Court determined the district court’s claim construction was erroneous, and that the proper construction required a continuous outer film surrounding the core containing the drug. The Court vacated the erroneous infringement finding and the injunction that prohibited FDA approval of Apotex’s product, and remanded the case for further proceedings consistent with the correct claim construction.
Jazz Pharmaceuticals, Inc., et al. v. Amneal Pharmaceuticals, LLC et al., Case Nos. 13-cv-00391 and 15-cv-08229 (2016). Represented the Ranbaxy defendants in a patent infringement action in the District of New Jersey on patents relating to sodium oxybate (the active ingredient in Jazz’s XYREM® product) and patents relating to the REMS system for the product. Achieved favorable case-dispositive settlement for client.
Harel v. KGM Industries Co., Inc., 12-cv-61669 (S.D. Fla. 2013). Represented defendant, KGM, in a design patent infringement action in the Southern District of Florida on patents relating to the design of lighters. Case settled on favorable terms before trial.
Shire LLC and Supernus Pharms. Inc. v. Impax Laboratories, Inc., et al.,10-cv-0546 (N.D. Cal. 2013) Represented defendant, Impax, in patent infringement action in the Northern District of California on patents relating to pharmaceutical compositions of guanfacine (active ingredient in Shire’s Intuniv® product). Obtained summary judgment of non-infringement on one patent and achieved favorable settlement before trial.
Alcon Research, Ltd. et al. v. Wockhardt Ltd., et al., 10-cv-181 (S.D. Ind.2012). Represented defendant Wockhardt, in a patent infringement action in the Southern District of Indiana on patent relating to olopatadine hydrochloride (active ingredient in Alcon’s Patanol® product). After moving for summary judgment of patent invalidity due to prior public use, succeeded in settling the case on favorable terms.
Henry Co. v. Sasol Wax N.A. et al., 11-cv-6444 (C.D. Cal. 2012). Represented patentee, Henry Co., in patent infringement/unfair competition action in the Central District of California on a patent relating to water-resistant gypsum compositions and emulsions. Case settled on favorable terms after mediation before Hon. Charles A. Legge (Ret.).
Alza Corp. et al. v. Kremers Urban LLC, et al., 10-cv-23-LPS (D. Del. 2011). Represented defendant, Kremers Urban, in patent infringement action in the District of Delaware on patents relating to methods of treating attention deficit disorder with methylphenidate hydrochloride (active ingredient in Alza’s Concerta® product. Case settled on favorable terms before trial.