Fitzpatrick Obtains Summary Judgment of No Double Patenting for Astellas Pharma and Boehringer Ingelheim
In a case brought against generic pharmaceutical maker Ranbaxy, India’s largest pharmaceutical company, Fitzpatrick successfully obtained summary judgment that Astellas Pharma’s compound patent was not invalid for double patenting. Boehringer Ingelheim, which markets FLOMAX in the United States and licenses the patent from Astellas, also was represented by Fitzpatrick. The Court, whose analysis largely tracked Astellas/Boehringer’s motion papers, adopted the position urged by the plaintiffs and found that Astellas’ tamsulosin compound patent was not an obvious variant of an earlier Astellas patent claiming a process for making tamsulosin. The Court also enjoined F.D.A. from approving Ranbaxy’s application to market its generic tamsulosin product at least until the expiration of the Astellas compound patent.