Fitzpatrick Obtains Preliminary Injunction Preventing Launch of Mylan's Generic DORYX® 150 mg Tablet
On September 21, 2011, Fitzpatrick obtained a favorable decision on behalf of plaintiffs Warner Chilcott et al. in a dispute with Mylan Pharmaceuticals over plaintiffs’ 150 mg DORYX® antibiotic tablet product. After briefing and oral argument, United States District Judge William J. Martini granted plaintiffs’ motion for a preliminary injunction against Mylan Inc. and its affiliate Mylan Pharmaceuticals Inc. The preliminary injunction prevents the Mylan defendants from launching a generic version of a DORYX ®150 mg product before the District Court renders a final decision in the on-going litigation relating to the Orange Book listed patent covering Warner Chilcott’s DORYX® products. In granting the motion, the District Court found that Warner Chilcott and its co-plaintiff, Mayne Pharma International Pty., demonstrated a reasonable likelihood of success on the merits of their claim that its Orange book listed patent is valid and infringed by Mylan’s 150 mg generic product.
Warner Chilcott et al. were represented by Fitzpatrick partners Dominick Conde and Diego Scambia.