Fitzpatrick Successfully Asserts Eye Medicine Patents On Behalf Of Merck, Pfizer And InSite Vision
After a seven day trial, in a 100 page opinion, a New Jersey federal judge ruled on October 4, 2013 that Sandoz Inc.’s proposed generic products infringed every asserted claim of four patents covering AzaSite® azithromycin eye drops. Fitzpatrick client Merck markets AzaSite® eye drops for the treatment of eye infections. The patents are owned by Pfizer and InSite Vision, also represented by Fitzpatrick in the lawsuit. Judge Cooper found in favor of plaintiffs on Sandoz’s affirmative defenses and counterclaims of invalidity of the four patents. Sandoz had argued that the patents were obvious because persons with ordinary skill in the art would have been reasonably expected to create a similar combination. The Court rejected every argument raised by Sandoz and sided with plaintiffs on every issue.
The Fitzpatrick team was led by partners Dominick Conde and included associates Vishal Gupta, Margaret Scoolidge, Dennis Aeling, Alyssa Monsen and Alice Braginsky.