Fitzpatrick clinches major victory
On March 21, 2011, the Supreme Court denied certorari, clinching Fitzpatrick’s major victory on behalf of client Daiichi Sankyo Company Limited against generic drug maker Mylan Pharmaceuticals in a Hatch-Waxman patent lawsuit concerning Daiichi Sankyo’s Benicar® family of high blood pressure medicines.
After a two-week trial, U.S District Judge William J. Martini in New Jersey had ruled that Mylan infringed the Daiichi Sankyo patent on olmesartan medoxomil, the active ingredient in Benicar®, rejecting Mylan’s defense that the patent was invalid for obviousness. On September 9, 2010, the Federal Circuit affirmed the district court’s opinion, noting that the opinion was “comprehensive” and “well-reasoned.” The blockbuster drug had worldwide sales of more than $1 billion last year.
Daiichi Sankyo’s litigation team was led by Fitzpatrick partners Dominick Conde, Joshua Rothman, and Lawrence Scinto. Fitzpatrick’s co-counsel on the case were Simpson Thacher & Bartlett and McCarter & English.