Fitzpatrick Client Pfizer/Warner-Lambert Prevails Against Teva In The Accupril® Litigation
In a June 29, 2004 decision, Senior Judge Debevoise of the District of New Jersey found that Pfizer’s patent covering its highly successful Accupril® product is both valid and enforceable, and enjoined defendant Teva Pharmaceuticals U.S.A. from selling a generic version of the drug until Pfizer’s patent expires. The court had previously granted summary judgment of infringement in Pfizer’s favor. As a result of the summary judgment decision and the trial opinion, every patent claim asserted by Pfizer in this 5 1/2 year long litigation has now been held valid, enforceable and infringed. In a companion decision, the Court also denied Teva’s motion to amend its Answer to add antitrust counterclaims, holding that these claims were “futile” in light of the Court’s patent ruling.