(D. Del. 2017)
Fitzpatrick Successfully Defends Patents Related to Sanofi’s Multaq® Product
On October 23, 2017, Judge Richard G. Andrews of the District of Delaware ruled in favor of Fitzpatrick’s client Sanofi, upholding the validity of U.S. Patent No. 9,107,900. The ’900 patent is directed to the use of Sanofi’s Multaq® product to reduce the risk that certain patients with atrial fibrillation will need to be hospitalized.
Judge Andrews rejected the arguments advanced by Watson and Sandoz that the claims of the ’900 patent were obvious. Fitzpatrick successfully established that a person of ordinary skill in the art would not have had a reasonable expectation that dronedarone (the active ingredient in Sanofi’s Multaq® product) would reduce the risk of cardiovascular hospitalization in a particular subset of patients included in Sanofi’s ATHENA clinical study.
Judge Andrews also found that the product labels that would be included with the Defendants’ proposed generic dronedarone products would encourage physicians to practice the methods of all but two of the asserted claims of the ’900 patent and would thus inevitably lead to infringing uses.
This marks the second time that Fitzpatrick has successfully defended patents related to Sanofi’s Multaq® product. In 2016, Fitzpatrick obtained a judgment that Watson and Sandoz infringed certain claims of U.S. Patent No. 8,410,167 and U.S. Patent No. 8,318,800 and that those claims were not invalid.
The Fitzpatrick team was led by partners William Solander and Daniel Minion, with associates Zachary Garrett and Anna Dwyer.