Finnegan Client Otsuka Prevails in U.S. Abilify® Patent Litigation

FOR IMMEDIATE RELEASE

November 16, 2010

Contact:    James B. Monroe, 202.408.4159

                    Partner

Finnegan Client Otsuka Prevails in U.S. Abilify® Patent Litigation

WASHINGTON, DC - The U.S. District Court for the District of New Jersey ruled yesterday  in favor of Finnegan client Otsuka Pharmaceutical Co., Ltd. in its patent litigation against several companies seeking FDA approval to market generic copies of Otsuka’s Abilify®.  The district court held that the asserted claims of U.S. Patent No. 5,006,528 covering aripiprazole, the active ingredient in Abilify®, are both valid and enforceable.  The ruling maintains patent and regulatory protection for Abilify® in the U.S. until at least April 20, 2015.  The district court also held that the proposed generic products infringe these patent claims, and accordingly precluded the FDA from approving, and enjoined the respective companies from marketing, these products in the U.S. until at least April 20, 2015.  Abilify® is prescribed for schizophrenia and other mental disorders and is the sixth largest selling pharmaceutical in the U.S., with over $3.3 billion in sales in 2009.  Otsuka co-markets this product in the U.S. with Bristol-Myers Squibb Co.  

About Finnegan

With more than 375 intellectual property lawyers, Finnegan is one of the largest IP law firms in the world. From offices in Washington, DC; Atlanta, Georgia; Cambridge, Massachusetts; Palo Alto, California; Reston, Virginia; Brussels, Belgium; Shanghai, China; Taipei, Taiwan; and Tokyo, Japan, the firm practices all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com.

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