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Sanofi-Aventis v. Barr Labs, Inc.
Teva North America
Winston & Strawn obtained a favorable settlement after a trial in Delaware federal court involving U.S. Patent Nos. 5,976,573 and 6,143,329 owned by Aventis. The patents cover triamcinolone acetonide nasal spray, which is used for nasal allergies and marketed by Sanofi-Aventis under the trade name Nasacort AQ. In this ANDA bench trial, Barr put forth defenses of non-infringement and invalidity. Shortly after trial was completed, the parties settled on favorable terms for Barr whereby Barr will be permitted to launch a generic version of Nasacort AQ prior to the expiration of the patents.
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In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation
Teva North America
A team of Winston attorneys recently prevailed in a patent trial for client Teva Pharmaceuticals. In 2009, Teva filed an Abbreviated New Drug Application seeking FDA approval to make and sell a generic version of Amrix, a brand drug prescribed to treat muscle spasms. The patent holder sued Teva for infringement of two patents covering Amrix. After a bench trial before in the District of Delaware in October 2010, the judge issued a ruling finding both patents invalid for obviousness. The court’s ruling opens the door for generic companies to provide patients with a much lower cost alternative to Amrix.
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In Re 318 Patent Infringement Litigation
Teva North America
We obtained a trial win for Barr Labs in an Abbreviated New Drug Application case in which Barr challenged the validity of a patent covering a method of treating Alzheimer’s disease using a drug called Galantamine, which is sold by Janssen under the trade name Razadyne IR®. This decision enables Barr to compete for a share of what is currently a $130 million market.
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Biovail Laboratories Inc. v. Anchen Pharmaceuticals, Inc.
Anchen Pharmaceuticals Inc.
Winston & Strawn represented Anchen Pharmaceuticals, Inc. in a lawsuit brought by Biovail Laboratories, Inc. in the Central District of California alleging infringement of patents covering Biovail''s antidepressant WELLBUTRIN XL following Anchen?s submission of an FDA application to sell a generic version of the drug.
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