Hatch-Waxman Act Litigation - McDermott Will & Emery

Hatch-Waxman Act Litigation


IAM Patent 1000

Pharmaceutical companies facing the challenge of protecting their intellectual property (IP) from generic competition under the Hatch-Waxman Act have seen the patent litigation landscape evolve significantly in recent years. To defend market position and maximize investment in core patents and products, you need agile, sophisticated trial counsel on your side. McDermott’s life sciences patent litigation team develops innovative, solutions-oriented strategies to help you mitigate risk, capitalize on opportunity and stay ahead of the competition. Our life sciences industry group includes over 140 attorneys with demonstrated success and experience in intellectual property matters.

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  • Representing Astellas Pharma in a patent infringement case in the US District Court for New Jersey regarding its XOSPATA® product, used for the treatment of acute myeloid lymphoma (AML) in patients who have relapsed or refractory AML with FLT3 mutations.
  • Representing biotechnology giant United Therapeutics Corporation in its Hatch-Waxman litigation against Liquidia Technologies, a late-stage clinical biopharmaceutical company. Following the bench trial, Judge Andrews issued an opinion finding that Liquidia’s generic version of Tyvaso infringes (directly and indirectly) one of UTC’s asserted patents.
  • Delivered a complete victory for client Bausch Health Companies against would-be generic entrant Padagis LLC when the US District Court for the District of New Jersey issued its 77-page opinion finding that Bausch’s patents covering its commercial psoriasis lotions, Bryhali® and Duobrii®, were valid and infringed.

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We provide a full array of legal services to help you take your IP further.