Saul Ewing client Helsinn wins patent infringement case over Aloxi®
Partners Charles M. Lizza and William C. Baton, special counsel Sarah A. Sullivan, and associate David L. Moses represented Helsinn Healthcare S.A. (“Helsinn”) in its successful defense at trial of three 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 February 14, 2017, a New Jersey federal judge upheld the validity of all three Helsinn patents, finding that Dr. Reddy’s Laboratories, Ltd.’s and Dr. Reddy’s Laboratories, Inc.’s (“DRL”) proposed generic version of Aloxi® would infringe the patents.
After a 6-day bench trial in June 2016, Judge Mary L. Cooper issued a judgment in favor of Helsinn on all issues, upholding the patents based on scientific analysis of a compound in the DLR product and written descriptions in the patent application of the formulation of the active ingredient, palonosetron. The Court’s judgment ensures that our client, Helsinn, can retain exclusivity on its critical Aloxi® franchise until at least July 30, 2024, when Helsinn’s patents expire. “We are pleased that Judge Cooper again agreed with us in ruling in Helsinn’s favor on both the infringement and validity issues in this case,” Mr. Lizza said.
This is the firm’s second major victory for Helsinn and Eisai, who is a partner in marketing Helsinn’s Aloxi® product. As with previous work for Helsinn, Mr. Lizza tried the case with three partners from Paul Hastings.