IP Law Bulletin
September 3, 2004
Fitzpatrick attorneys, on behalf of their client Novartis, recently prevailed by having Dr. Reddy’s consent that Novartis’s patent on its anti-fungal drug Lamisil® was valid, enforceable and infringed. The case had been pending for over two years, with Dr. Reddy’s having pled and litigated the defenses of non-infringement, anticipation, obviousness, double patenting obviousness and two separate allegations of inequitable conduct. In addition, Fitzpatrick recently prevailed in successfully opposing Dr. Reddy’s motion to amend the pleadings to add a third allegation of inequitable conduct. With the case at the summary judgment/trial stage, Dr. Reddy’s agreed to take a consent judgment. The Fitzpatrick litigation team was led by Nicholas N. Kallas, Robert L. Baechtold and Diego Scambia.