D. Del. (2010)
Fitzpatrick Successfully Defends AstraZeneca in Crestor Patent Infringement Case
In litigation involving a reissue patent covering the AstraZeneca drug Crestor®, Fitzpatrick, on behalf of its clients AstraZeneca UK, Ltd., IPR Pharmaceuticals Inc. and Shionogi Kabushiki Kaisha, and as co-counsel with Finnegan Henderson and Connolly Bove, successfully obtained a bench trial ruling that eight generic drug companies infringed the patent, and that the patent remains valid and enforceable. Following an eight-day bench trial, Judge Joseph Farnan of the District of Delaware ruled that three Shionogi patent department personnel had not intended to deceive the USPTO by failing to disclose information, that the defendants’ obviousness case was hindsight-driven, and that the original patent was properly reissued.
The Fitzpatrick team was led by partner Henry Renk.