Merck & Co., Inc. and Merck Sharp & Dohme Corp. v. Sandoz Inc. D.N.J. 2012 — On January 30, 2012, Judge Stanley R. Chesler of the United States District Court
for the District of New Jersey granted summary judgment in favor of our client
Merck & Co., Inc. and Merck Sharp & Dohme Corp. ("Merck") and against Defendant
Sandoz Inc. ("Sandoz") on its sole-remaining obviousness defense to patent
infringement on Merck's Antifungal Formulation Patent Covering Cancidas®
Warner Chilcott Laboratories Ireland Limited, et al., v. Mylan Pharmaceuticals Inc. and Mylan Inc. D.N.J. 2011 — On September 21, 2011, Fitzpatrick obtained a preliminary
injunction on behalf of plaintiffs Warner Chilcott et al. in a
dispute with Mylan Pharmaceuticals over plaintiffs' 150 mg
DORYX® antibiotic tablet product.
Sanofi-Aventis U.S. LLC et al. v. Sun Pharmaceutical Industries Ltd. et al. D.N.J. 2011
On September 15, 2011, Fitzpatrick obtained a favorable decision
on behalf of clients Sanofi and Debiopharm S.A. in a dispute with
Sun Pharmaceuticals over the terms of a settlement agreement
entered into as part of the resolution of a Hatch-Waxman patent
infringement litigation concerning Sanofi and Debiopharm’s
blockbuster colorectal cancer drug, Eloxatin®.
Hoechst GmbH v. Genentech, Inc. ICC International Court of Arbitration 2011
On June 9, Fitzpatrick obtained an award on behalf of Hoechst
GmbH from the ICC International Court of Arbitration in a dispute
over royalties due under a terminated license involving eukaryotic
protein expression technologies. Following a week-long hearing,
the arbitrator ruled that "as a matter of principle, the License
Agreement applies to Rituxan®" and ordered the production of
documents to permit the calculation of royalties that would be
owed to Hoechst for Genentech's use of human cytomegalovirus
(HCMV) enhancer technologies.
Daiichi Sankyo Company, Ltd., et al. v. Mylan Pharmaceuticals, Inc. et al. S. Ct. 2011 — On March 21, 2011, the Supreme Court denied certorari, clinching
Fitzpatrick's major victory on behalf of client Daiichi Sankyo Company
Limited against generic drug maker Mylan Pharmaceuticals in a
Hatch-Waxman patent lawsuit concerning Daiichi Sankyo’s Benicar®
family of high blood pressure medicines.