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Ortho-McNeil Pharmaceuticals v. Caraco Pharmaceutical Laboratories Ltd.
Caraco Pharmaceutical Laboratories, Ltd.
Winston & Strawn represented Caraco Pharmaceutical Laboratories Ltd. in an action brought by Ortho-McNeil Pharmaceutical Inc. in the District Court of New Jersey in which Ortho-McNeil asserted that Caraco infringed certain claims of U.S. Reissue Patent No. RE39,221. The patent purported to cover the pain reliever marketed as Ultracet®, which is a combination of tramadol and acetaminophen. The court granted summary judgment for Caraco, holding that Ortho-McNeil’s asserted claims were obvious and therefore invalid as a matter of law. This decision paves the way for Caraco’s continued distribution and sale of its popular generic version of Ultracet®.