Newark Team Secures Victory for Sunovion in Patent Infringement Litigation Against Pharmaceutical Companies Teva, Emcure and InvaGen
Partners Charles M. Lizza and William C. Baton, special counsel Sarah A. Sullivan, and associate David L. Moses represented Sumitomo Dainippon Pharma Co., Ltd. and Sunovion Pharmaceuticals Inc. in securing permanent injunctions that block three competing companies from moving forward with generic versions of Latuda®, a drug that treats schizophrenia and depressive episodes for people with bipolar disorder. Sunovion’s annual sales of Latuda® are approximately $1 billion.
Based on a favorable claim construction ruling that issued in October 2016, defendants Emcure Pharmaceuticals Ltd., Teva Pharmaceuticals Ltd., and InvaGen Pharmaceuticals, Inc. conceded infringement and validity of Sunovion’s U.S. Patent No. 5,532,372. On February 14 and 28, 2017, U.S. District Judge Stanley R. Chesler issued final judgments and orders of permanent injunction, holding that the defendants’ proposed ANDA products infringed Sunovion’s patent when they sought approval to make and sell generic lurasidone hydrochloride tablets though the filing of their respective ANDAs with the U.S. Food and Drug Administration.
Unless Teva, Emcure and InvaGen win on appeal, Sunovion will retain exclusivity on its substantial Latuda® franchise until at least January 2, 2019, when Sunovion’s patents expire. Sunovion also recently filed another infringement suit against MSN Laboratories and Sandoz Inc. relating to Latuda®.