Schwartz Pharma Inc., Schwartz Pharma AG and Warner-Lambert Co. v. Teva Pharmaceuticals USA

Schwartz Pharma Inc., Schwartz Pharma AG and Warner-Lambert Co. v. Teva Pharmaceuticals USA

D.N.J. (2002)

Fitzpatrick Obtains Dismissal of Antitrust Counterclaims Asserted Against Client Pfizer

In a Hatch-Waxman Act patent litigation brought by Fitzpatrick, Cella on behalf of its client, Pfizer (Warner-Lambert), Fitzpatrick successfully moved the Court to strike Walker Process and sham litigation counterclaims asserted against Pfizer, based on Pfizer’s prosecution of a separate, earlier-filed lawsuit involving the same patent. In striking those counterclaims, the Court held that they were compulsory in the earlier lawsuit. Counsel for Pfizer included Robert L. Baechtold and Nicholas M. Cannella.