Merck Sharp & Dohme Corp. v. Xellia Pharmaceuticals ApS et al.

Merck Sharp & Dohme Corp. v. Xellia Pharmaceuticals ApS et al.

D. Del. (2015)

Fitzpatrick Obtains Infringement Judgment for Merck

On June 30, 2015, Judge Richard G. Andrews of the United States District Court for the District of Delaware ruled in favor of our client Merck Sharp & Dohme Corp. (“Merck”) and against Defendants Xellia Pharmaceuticals ApS and Xellia Pharmaceuticals, Inc. (“Xellia”) concerning infringement of one of Merck’s patents. The patent at issue was U.S. Patent No. 5,952,300, a patent covering injectable formulations of caspofungin, a potent antifungal agent used to treat systemic fungal infections. Xellia sought FDA approval of its Abbreviated New Drug Application to market generic versions of Merck’s life-saving caspofungin antifungal drug products, Cancidas®. After a two-day bench trial, Judge Andrews ruled that Xellia’s ANDA products would infringe the ’300 patent. Merck was represented by Fitzpatrick and co-counsel Quinn Emanuel Urquhart & Sullivan, LLP and Kramer Levin Naftalis & Frankel, LLP. Fitzpatrick previously defended the validity of the ’300 patent, securing summary judgment for Merck in 2012 against Sandoz Inc. on its obviousness defense to patent infringement.