Fitzpatrick Cella Obtains Dismissal of Complaint Against Novartis
On December 12, 2005, Fitzpatrick Cella obtained a dismissal of Teva’s complaint against client Novartis for lack of subject matter jurisdiction. United States District Court Judge Jose Linares, of the District Court for the District of New Jersey, dismissed the generic company’s complaint seeking a declaratory judgment that its generic drug product does not and will not infringe four out of five of Novartis’ patents listed in the F.D.A. Orange Book related to its famciclovir product, which Novartis markets under the brand name FAMVIR®. Novartis has an existing suit against Teva on the fifth patent listed in the Orange Book.