Experience
AstraZeneca, Shionogi Pharmaceuticals
Par Pharmaceutical, Inc.; Teva Pharmaceuticals USA, Inc.; Aurobindo Pharma Ltd.; Aurobindo Pharma USA Inc.; Apotex Corp.; Apotex Inc.; Aurobindo Pharma Ltd., Inc.; Cobalt Laboratories, Inc.; Cobalt Pharmaceuticals, Inc.; Mylan Pharmaceuticals Inc.; Sandoz Inc.; Sun Pharmaceutical Industries, Ltd.
The United States District Court for the District of Delaware ruled in favor of firm clients AstraZeneca and Shionogi Pharmaceuticals, finding that the FDA Orange Book listed patent for the active ingredient in their blockbuster anti-cholesterol drug, Crestor®, is valid and enforceable—preserving market exclusivity for Crestor® into 2016. The patent was challenged in these Abbreviated New Drug Application litigations by eight generic pharmaceutical companies. Judge Farnan ruled that the novel rosuvastatin inventions claimed in the patent would not have been obvious to one of ordinary skill in the art. Judge Farnan further found that the failure to submit certain prior art during the prosecution of the patent application was not the result of an intent to deceive the United States Patent and Trademark Office. Instead, Judge Farnan credited AstraZeneca and Shionogi’s witnesses and evidence that innocent mistakes resulted in the non-submission of the prior art and ruled that the patent is enforceable.
AstraZeneca, Shionogi Pharmaceuticals v. Par Pharmaceutical, Inc.; Teva Pharmaceuticals USA, Inc.; Aurobindo Pharma Ltd.; Aurobindo Pharma USA Inc.; Apotex Corp.; Apotex Inc.; Aurobindo Pharma Ltd., Inc.; Cobalt Laboratories, Inc.; Cobalt Pharmaceuticals, Inc.; Mylan Pharmaceuticals Inc.; Sandoz Inc.; Sun Pharmaceutical Industries, Ltd., 1:08-md-01949, D. Del., Judges Farnan, Stark
AstraZeneca, Shionogi Pharmaceuticals v. Aurobindo Pharma Ltd.; Mylan Pharmaceuticals Inc.; Apotex Corp.; Cobalt Pharmaceuticals Inc.; Sun Pharmaceutical Industries Ltd.; Teva Pharamaceuticals USA Inc.; Par Pharmaceuticals, Inc.; Sandoz Inc., 10-1460, -1461, -1462, -1463, -1464, -1465, -1466, -1467, -1468, -1469, -1470, -1471, -1472, -1473, Fed. Cir., Judges Mayer, Newman, Plager
AstraZeneca Pharmaceuticals LP
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