D. Del. (2011)
Fitzpatrick Successfully Defends Drug Sensipar® on Behalf of Clients Amgen and Brigham and Women’s Hospital
On January 7, 2011, after facing a patent challenge by two generic drug manufacturers in a Hatch-Waxman lawsuit, Fitzpatrick successfully defended Amgen’s important calcimimetic drug Sensipar®, which had worldwide sales of $651 million in 2009.
After a late 2010 trial, U.S. District Court Chief Judge Harvey Bartle III ruled that generic drug makers Teva and Barr infringed Plaintiffs’ patent on cinacalcet, and rejected the defenses that the three patents in suit were invalid and unenforceable. The court entered a permanent injunction against all generic versions of cinacalcet until March 8, 2018, when the last patent expires.
Amgen’s litigation team was led by Fitzpatrick partners John D. Murnane, Robert L. Baechtold and Joshua I. Rothman, with associates Alicia A. Russo, Dana Lau, Michael E. Furrow, Erica L. Norey and Gabrielle Markeson. Fitzpatrick’s co-counsel on the case were Morris, Nichols, Arsht & Tunnell and Connolly, Bove, Lodge & Hutz.