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| Sanofi-Aventis U.S. LLC, et al. v. Hospira, Inc. |
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Mayne Pharma Limited
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| Winston represented Hospira in a patent litigation matter brought by Sanofi-Aventis to protect its blockbuster cancer drug Eloxatin™. A dozen makers of generic pharmaceutical products, including Hospira, had filed Abbreviated New Drug Applications (ANDAs), each one vying to be first to market with a generic version of the $1.5 billion-per-year drug. Under FDA regulations, Hospira’s product was “blocked” by only one patent, while all but one of Hospira’s co-defendants’ products were blocked by additional patents. Our team’s strategy permitted Hospira’s summary judgment motion on the single patent asserted against it to be heard first, despite strident and repeated opposition from both Sanofi-Aventis and the other defendants. Hospira won each procedural round and then won its summary judgment motion, invalidating the patent in the district court. Sanofi-Aventis continued to try to keep Hospira’s product off the market, filing emergency motions and petitions in the district court in which the case was originally filed (New Jersey), the District of D.C. and two courts of appeal – both the Federal and D.C. Circuits – but we were successful in each venue. This allowed Hospira to be the first to bring its generic equivalent to market. |
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