Fitzpatrick Obtains Summary Judgment of Validity for Unigene Labs., Inc. and Upsher-Smith Labs., Inc.
Fitzpatrick obtained summary judgment of validity on behalf of our clients Unigene and Upsher-Smith against generic drug makers Apotex in a Hatch-Waxman lawsuit concerning the postmenopausal osteoporosis drug, Fortical®. In an opinion dated August 31, 2009, Judge Patterson of the Southern District of New York rejected Apotex’s arguments that Claim 19 of Reissue Patent No. 40,812 covering Fortical® was invalid for obviousness, and found that Apotex had failed to establish a prima facie case of obviousness.
The litigation was handled by Fitzpatrick partners Bruce C. Haas and Steven C. Kline.