Saul Ewing Secures Trial Victory for Helsinn in Patent Infringement Litigation Against Teva Pharmaceuticals

Saul Ewing Secures Trial Victory for Helsinn in Patent Infringement Litigation Against Teva Pharmaceuticals
Teva's Planned Generic Aloxi Infringes Helsinn IP, Judge Say
November 17, 2015
Law 360
    
Saul Ewing partners Charles M. Lizza and William C. Baton and associates Sarah A. Sullivan, Jamie L. Lucia, and David L. Moses represented Helsinn Healthcare S.A. in its successful defense at trial of four patents covering Helsinn’s anti-nausea drug Aloxi® used during chemotherapy.  Helsinn’s sales of Aloxi® are approximately $600 million annually.
 
In the case decided November 16, 2015, a New Jersey federal judge upheld the validity of Helsinn’s patents, finding that Teva Pharmaceutical USA Inc.’s proposed generic products would infringe the patents. 
 
After a 12-day bench trial in June 2015, Judge Mary L. Cooper issued a judgement in favor of Helsinn on the issues of infringement and validity, upholding the patents over multiple claims of obviousness and the on-sale bar provisions of 35 U.S.C. § 102.  The judgement was preceded by a sealed memorandum opinion issued on November 13, 2015. The Court’s judgment enjoins Teva from bringing its infringing generic products to market until at least July 30, 2024, when Helsinn’s patents expire.
 
Charlie Lizza, who tried the case with three partners from Paul Hastings LLP, is Vice Chair of Saul Ewing’s Litigation Department and Co-Chair of the Life Science Practice Group. Bill Baton, Sarah Sullivan, Jamie Lucia, and David Moses are members of the firm’s Litigation Department and Life Sciences Practice Group. The Helsinn team litigating the patent case also included several other attorneys from Paul Hastings and in-house counsel for Helsinn.
 
Click here for the Law 360 article, which features additional information about this case.