Fed. Cir. (2013)
Fitzpatrick Successfully Obtains Federal Circuit Affirmance for Client AstraZeneca in Seroquel XR® Patent Dispute
On February 14, 2013, the Court of Appeals for the Federal Circuit entered a per curiam Rule 36 Affirmance in AstraZeneca’s patent dispute against generic competitors who were seeking to obtain FDA approval to market and sell generic copies of AstraZeneca’s patented Seroquel XR® product in the United States. Seroquel XR® is approved for indications including schizophrenia and bipolar depression. The Federal Circuit panel of Judges Moore, Mayer, and Wallach heard oral argument on February 7. 2013. The victory is a culmination of litigation which began in the District of New Jersey in 2008. The Federal Circuit affirmed a 100-page opinion written by District Judge Joel A. Pisano (AstraZeneca Pharms. LP, et al. v. Anchen Pharms, Inc., et al., No. 10-cv-1835, slip op. (D.N.J. Mar. 29, 2012)) that followed an October 2011 trial.
Fitzpatrick partner Henry J. Renk argued on behalf of AstraZeneca. In addition to Mr. Renk, AstraZeneca’s litigation team was led by partners Bruce C. Haas, Steven C. Kline, and Michael P. McGraw, with associates Dennis Gregory, Anna Huang, Robert J. Czarnecki, Joshua A. Davis, and Gabrielle Markeson.