Our pharma and life sciences patent litigation team secured a rare preliminary injunction in New Jersey federal court, representing a generic manufacturer, Fresenius Kabi USA, LLC, in its effort to protect its patented innovation. By granting the preliminary injunction, the U.S. District Court for the District of New Jersey barred our client’s competitor from launching a generic version of levothyroxine, our client’s patented treatment formulation. The court also found that our client is likely to succeed on the merits at trial, despite six separate arguments raised by the defense. Trial is expected in 2017.
While our team has represented more than 10 of the world’s largest generic manufacturers (including Fresenius), the present case is indicative of an industry that continues to consolidate and pursue alternative goals. It is no longer generic pharmaceuticals versus brand pharmaceuticals’ patents. In what Corporate Counsel called a “Sign of a Changing Industry,” we now see generics challenging one another. By regularly defending and challenging patents in court, our pharma and biosimilars litigation team continues to provide our clients with a view from both sides of these important battles.