Sanofi-Aventis U.S. LLC et al. v. Sun Pharmaceutical Industries Ltd. et al.

Sanofi-Aventis U.S. LLC et al. v. Sun Pharmaceutical Industries Ltd. et al.

D.N.J. (2011)

Fitzpatrick Obtains District Court Decision in Favor of Clients Sanofi and Debiopharm

On September 15, 2011, Fitzpatrick obtained a favorable decision on behalf of clients Sanofi and Debiopharm S.A. in a dispute with Sun Pharmaceuticals over the terms of a settlement agreement entered into as part of the resolution of a Hatch-Waxman patent infringement litigation concerning Sanofi and Debiopharm’s blockbuster colorectal cancer drug, Eloxatin®.

After multiple generic defendants launched at risk in 2009, Sanofi and Debiopharm entered into settlement and license agreements requiring all of them to cease selling their generic products until August 2012. Sun contended that under the terms of its license agreement, it was not obligated to exit the market. After a trial in April 2011, United States District Judge Joel A. Pisano of the District of New Jersey ruled that Sun’s license agreement required it to exit the market along with the other defendants. The Court permanently enjoined Sun from marketing its generic product until the launch date contained in the license agreement, thereby preserving exclusivity for Eloxatin® until August 2012.

Sanofi and Debiopharm were represented by Fitzpatrick partners Dominick Conde, William Solander, Nina Shreve and Peter Shapiro.