On July 25, 2016, Fitzpatrick succeeded in obtaining dismissal of complaints brought by Torrent, Alembic and Aurobindo against Daiichi Sankyo in the Northern District of Illinois on grounds of lack of personal jurisdiction. Plaintiffs’ complaints sought declaratory judgments of non-infringement of a disclaimed Daiichi Sankyo patent in an effort to cause first ANDA filer Mylan to forfeit its 180 day exclusivity benefit for Mylan’s generic version of Daiichi Sankyo’s BENICAR® blood pressure medication. Judge Rebecca Pallmeyer rejected plaintiffs’ argument that Daiichi Sankyo waived the right to challenge personal jurisdiction by failing to raise that defense in a similar case brought against it by third party Apotex Inc. The Court also rejected each of plaintiffs’ three theories of specific personal jurisdiction, holding, among other things, that Daiichi Sankyo never sought to enforce the patent in suit in the forum state, as required for the proper exercise of specific jurisdiction in a declaratory judgment action.
The Fitzpatrick attorneys representing Daiichi Sankyo are Dominick Conde, Nina Shreve, Christopher Borello, Josh Calabro, Robert Pickens and Kathryn Easterling.