Unigene Labs., Inc., et al. v. Apotex, Inc., et al.

Unigene Labs., Inc., et al. v. Apotex, Inc., et al.

S.D.N.Y. (2009)

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.