Biotechnology, Pharmaceutical & Life Sciences Patent Litigation

• Represented Mylan in PIV Hatch–Waxman litigation involving the invalidity of multiple patents directed to treating symptoms of Parkinson’s disease using entacapone (Comtan®). Orion Corporation v. Mylan Pharmaceuticals Inc., No. 1:11-cv-00078 (D. Del.).
• Represented Mylan in PIV Hatch–Waxman litigation involving the noninfringement and invalidity of multiple patents directed to treating certain pulmonary diseases using prednisolone (Orapred ODT®). Cima Labs Inc., et al. v. Mylan Pharmaceuticals Inc., No. 1:10-cv-01077 (D. Del.).
• Represented Mylan in PIV Hatch–Waxman litigation involving the noninfringement and invalidity of multiple patents directed to treating the symptoms of schizophrenia using Clozapine (FazaClo®). Cima Labs Inc., et al. v. Mylan Pharmaceuticals Inc., No. 1:10-cv-00625 (D. Del.).
• Represented Actavis in PIV Hatch–Waxman litigation involving the noninfringement, invalidity, and unenforceability of multiple patents directed to treating excessive sleepiness using armodafinil (Nuvigil®). Cephalon Inc., et al. v. Actavis Group, et al., No. 1:09-cv-00940 (D. Del.).
• Represented Mylan in litigation involving multiple patents directed to treating gastroesophageal reflux disease using dexlansoprazole (Dexilant®). Takeda Pharmaceutical Company Limited, et al. v. Mylan Pharmaceuticals Inc., et al., No. 5:13-cv-04001 (N.D. Cal.).
• Represented Mylan in litigation involving multiple patents directed to the inhibition of platelet aggregation using a combination of prasugrel and aspirin (Effient®). Eli Lilly and company, et al.v. Mylan Pharmaceuticals Inc., et al., No. 1:14-cv-00389 (S.D. Ind.).
• Represented Mylan in litigation involving two patents directed to the reduction of elevated total cholesterol using ezetimibe and simvastatin (Vytorin®). Merck Sharp & Dohme Corp., et al., v. Mylan Pharmaceuticals Inc., et al., No. 2:09-cv-06383 (D.N.J.).
• Represented Agila in Section 505(b)(2) Hatch–Waxman litigation involving two patents directed to an intravenous formulation of acetaminophen (Ofirmev®). Cadence Pharmaceuticals, et al. v. Agila Specialties Inc., et al., No. 1:14-cv-01499 (D. Del.).
• Represented Mylan in litigation involving multiple patents directed to treating schizophrenia, bipolar disorder, depression, and autism spectrum disorders with aripiprazole (Abilify®). Otsuka Pharmaceutical Co., Ltd. v. Mylan Inc., et al., No. 1:14-cv-04508 (D.N.J.).
• Represented Alphapharm in PIV Hatch–Waxman litigation involving the noninfringement, invalidity, and unenforceability of multiple patents directed to treating migraine headaches using naproxen sodium and sumatriptan (Treximet®). Pozen Inc. v. Alphapharm Pty. Ltd., No. 6:09-cv-00003 (E.D. Tex.).
• Represented Mylan in PIV Hatch–Waxman litigation involving the noninfringement, invalidity, and unenforceability of a patent directed to a method of treating ADHD using atomoxetine hydrochloride (Strattera®). Eli Lilly and Company v. Mylan Pharmaceuticals Inc., et al., No. 2:07-cv-03770 (D.N.J.).
• Represented Abrika in PIV Hatch–Waxman litigation involving the noninfringement and invalidity of patents directed to an extended release formation of bupropion hydrochloride (Wellbutrin XL®). Biovail Laboratories Inc. v. Abrika Pharmaceuticals Inc., No. 0:04-cv-61704 (S.D. Fla.)(Post-MMA Rules).
• Represented Mylan in PIV Hatch–Waxman litigation involving the noninfringement and invalidity of multiple patents directed to paroxetine hydrochloride extended-release tablets (Paxil CR®). Smithkline Beecham Corp., d/b/a GlaxoSmithKline, et al. v. Mylan Laboratories Inc., et al., No. 2:07-cv-02939 (D.N.J.).
• Represented Mylan in litigation involving multiple patents associated with the treatment of early-stage idiopathic Parkinson’s disease and moderate-to-severe restless legs syndrome using rotigotine (Neupro®). UCB Inc., et al. v. Mylan Technologies Inc., et al., No. 1:17-cv-00322 (D. Del.).
• Represented Mylan in litigation involving a patent directed to cinacalcet (Sensipar®), which purports to treat secondary hyperparathyroidism in patients with chronic kidney disease on dialysis. Amgen Inc. v. Mylan Pharmaceuticals Inc., et al., No. 1:16-cv-00853 (D. Del.).
• Represented Mylan in litigation involving five patents directed to a controlled release of budesonide (Uceris®). Cosmo Technologies Ltd., et al. v. Mylan Pharmaceuticals Inc., No. 1:16-cv-00152 (D. Del.).
• Represented Mylan in litigation involving patents directed to a delayed and extended release of mesalamine (Apriso®). Salix Pharmaceuticals Inc., et al. v. Mylan Pharmaceuticals Inc., et al., No. 1:15-cv-00109 (N.D. W. Va.).
• Represented Mylan in litigation involving a patent directed to a controlled release of mesalamine (Lialda®). Shire Development LLC, et al. v. Mylan Pharmaceuticals Inc., No. 8:12-cv-01190 (M.D. Fla.).
• Represented Mylan in litigation involving multiple patents directed to methylnaltrexone bromide formulation for subcutaneous injection (Relistor®). Valeant Pharmaceuticals International Inc., et al. v. Mylan Pharmaceuticals Inc., et al., No. 2:15-cv-08180 (D.N.J.).
• Represented Mylan in litigation involving multiple patents directed to treating moderate to severe dementia of the Alzheimer’s type with memantine (Namenda XR®). Forest Laboratories Inc., et al. v. Mylan Pharmaceuticals Inc., No. 1:14-cv-00508 (D. Del.).
• Represented Micro Labs in litigation involving multiple patents directed to treating itching associated with allergic conjunctivitis with bepotastine (Bepreve®). Bausch & Lomb Inc., et al. v. Micro Labs Limited, et al., No. 1:14-cv-01974 (D.N.J.).
• Represented Mylan in litigation involving numerous patents associated with the treatment of postoperative inflammation and reduction of ocular pain in patients who have undergone cataract surgery using a bromfenac ophthalmic solution (Prolensa®). Senju Pharmaceutical Co. Ltd., et al. v. InnoPharma Licensing Inc., et al., Nos. 1:14-cv-06893, 1:15-cv-03240 (D.N.J.).
• Represented Apotex in litigation involving multiple patents associated with the treatment of overactive bladder with mirabegron (Myrbetriq®). Astellas Pharma Inc., et al. v. Apotex Inc., et al., No. 1:16-cv-00976 (D. Del.).
• Represented Apotex in litigation involving three patents associated with the treatment of patients with relapsing multiple sclerosis using teriflunomide (Aubagio®). Sanofi-Aventis U.S. LLC, et al. v. Apotex Inc., et al., No. 1:16-cv-01312 (D. Del.).
• Represented Mylan in litigation involving multiple patents associated with linaclotide (Linzess®) capsules, approved in adults for the treatment of irritable bowel syndrome with constipation and chronic idiopathic constipation. Forest Laboratories Inc. v. Mylan Pharmaceuticals Inc., et al., No. 1:16-cv-01114 (D. Del.). 

Other Biotech, Pharma, and Life Sciences Litigation

• Representing patentee Merial, a/k/a Boehringer Ingelheim Vetmedica Inc. in patent litigation against Merck & Co. Inc. and Intervet Inc. a/k/a Merck Animal Health. Technology relates to vaccines for porcine virus, type II. Boehringer Ingelheim Vetmedica Inc. v. Merck & Co. Inc. et al., No. 2:18-cv-09534 (D. N.J.).
• Representing Merial as patentee/plaintiff in patent litigation against Ceva U.S. Holdings Inc. Technology relating to recombinant protein animal vaccines. Merial Inc., et al. v. Ceva U.S. Holdings Inc., et al., No. 1:16-cv-00171 (D. Del.).
• Represented Merial as patentee/plaintiff in patent litigation against Ceva Sante Animale SA. Technology relates to insecticidal cominations to control mammal fleas. Merial Inc., et al. v. Ceva Santé Animale SA, et al., Nos. 3:15-cv-00039, -00040 (M.D. Ga.).
• Represented patentee Merial against Biomune in declaratory judgment patent infringement litigation. Technology relates to recombinant protein animal vaccines. Biomune Company v. Merial Limited, et al., No. 2:14-cv-02567 (D. Kan.).
• Represented Merial as patentee/plaintiff in patent litigation against Ceva Animal Health LLC. Technology related to flea and tick medicine. Merial Ltd., et al. v. Ceva Animal Health LLC, et al., No. 3:12-cv-00154 (M.D. Ga.).
• Represented complainant/patentee Merck & Cie in a patent infringement investigation and related district court litigation involving folate nutraceutical products against direct competitor Gnosis SpA and Macoven Pharmaceuticals. Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein, ITC Inv. No. 337-TA-857; Merck & CIE, et al. v. Macoven, et al., No. 6:12-cv-00027 (E.D. Tex.).
• Represented MiMedx as patentee/plaintiff in patent litigation against direct competitor Nutech Medical Inc. Technology concerning medical tissue grafts. MiMedx Group Inc. v. Nutech Medical Inc., et al., No. 2:15-cv-00369 (N.D. Ala.).
• Represented patentee Merial in a series of patent litigations against direct competitor Velcera. Technology related to flea and tick medicine. BASF Agro B.V., et al. v. Cipla Ltd., et al., No. 3:07-cv-00125 (M.D. Ga.); Merial Ltd., et al. v. Velcera Inc., et al., No. 3:12-cv-00075 (M.D. Ga.).
• Represented MiMedx in patent litigation involving two patents directed to human amniotic tissue wound grafts and related technologies. MiMedx Group Inc. v. Nutech Medical Inc., et al., No. 2:15-cv-00369 (N.D. Ala.).
• Represented MiMedx in multiple patent litigations involving six patents directed to human amniotic human tissue wound grafts and related technologies. MiMedx Group Inc. v. Liventa Bioscience Inc., et al., No. 1:14-cv-01178 (N.D. Ga.); MiMedx Group Inc. v. Tissue Transplant Technology Ltd., et al., No. 5:14-cv-00719 (W.D. Tex.).
• Represented Merck in patent litigation involving stereoisomers of methylfolate (Metafolin®). Merck Eprova AG v. Brookstone Pharmaceuticals LLC, No. 1:09-cv-09684 (S.D.N.Y.).
• Represented Merck in patent litigation involving stereoisomers of methylfolate (Metafolin®). Merck Eprova AG v. Gnosis SpA, et al., No. 1:07-cv-05898 (S.D.N.Y.).

Inter Partes Review

Representing MiMedx Group Inc. in the following inter partes proceedings.

• No. IPR2017-01220 involving patent number 8,709,494 entitled “Placental tissue grafts.”
• No. IPR2015-00669 involving patent number 8,323,701 entitled “Placental tissue grafts.”
• No. IPR2015-00664 involving patent number 8,372,437 entitled “Placental tissue grafts.”
• No. IPR2015-00420 involving patent number 8,597,687 entitled “Methods for determining the orientation of a tissue graft.”
• No. IPR2015-00320 involving patent number 8,709,494 entitled “Placental tissue grafts.”

Representing Merial Ltd. in the following inter partes proceedings.

• No. 2018-00919 involving patent number 8,008,001 entitled “PCV-2 vaccine.”
• No. IPR2016-00798 involving patent number 8,614,244 entitled “Spot-on pesticide composition.”
• No. IPR2015-00254 involving patent number 6,517,843 entitled “Reduction of porcine circovirus-2 viral load with inactivated PCV-2.”

Representing Mylan Pharmaceuticals Inc. and Mylan Institutional Inc. in the following inter partes proceedings.

• No. IPR2017-01035 involving patent number 9,320,716 entitled “Controlled release and taste masking oral pharmaceutical compositions.”
• No. IPR2017-01034 involving patent number 8,784,888 entitled “Controlled release and taste masking oral pharmaceutical composition.”
• No. IPR2017-00645 involving patent number 9,006,289 entitled “Levothyroxine formulations.”
• No. IPR2017-00644 involving patent number 9,168,239 entitled “Levothyroxine formulations.”
• No. IPR2017-00643 involving patent number 9,168,238 entitled “Levothyroxine formulations.”
• No. IPR2016-00626 involving patent number 8,784,789 entitled “Aqueous liquid preparations and light stabilized aqueous liquid preparations.”
• No. IPR2016-01163 involving patent number 8,877,168 entitled “Aqueous liquid preparations and light stabilized aqueous liquid preparations.”
• No. IPR2016-01563 involving patent number 8,673,927 entitled “Uses of DPP-IV inhibitors.”
• No. IPR2016-01564 involving patent number 8,846,695 entitled “Treatment for diabetes in patients with inadequate glycemic control despite metformin therapy comprising a DPP-IV inhibitor.”
• No. IPR2016-01565 involving patent number 8,853,156 entitled “Treatment for diabetes in patients inappropriate for metformin therapy.”
• No. IPR2016-00318 involving patent number 7,772,209 entitled “Antifolate combination therapies.”

Representing InnoPharma Licensing Inc. in the following inter partes proceedings.

• No. IPR2016-00091 involving patent number 8,927,606 entitled “Aqueous liquid preparation containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid.”
• No. IPR2016-00090 involving patent number 8,871,813 entitled “Aqueous liquid preparation containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid.”
• No. IPR2016-00089 involving patent number 8,754,131 entitled “Aqueous liquid preparation containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid.”
• No. IPR2015-00903 involving patent number 8,129,431 entitled “Aqueous liquid preparation containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid.”
• No. IPR2015-00902 involving patent number 8,669,290 entitled “Aqueous liquid preparation containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid.”