Fitzpatrick Successfully Asserts Oral Contraceptive Patent On Behalf Of Warner Chilcott
After a seven day bench trial in October 2013, a New Jersey federal judge ruled in favor of Fitzpatrick’s client, Warner Chilcott Company, on all issues concerning its U.S. Patent No. 7,704,984, covering Lo Loestrin®, Warner Chilcott’s highly successful ultra-low dose oral contraceptive product. Warner Chilcott sued Defendants Lupin Pharmaceuticals and Amneal Pharmaceuticals after they filed abbreviated new drug applications with FDA seeking to market generic versions of Lo Loestrin®. Both Defendants conceded their products infringe before trial, leaving the Court to address Defendants’ sole remaining obviousness defense. At trial, Warner Chilcott presented evidence from multiple expert and fact witnesses showing, among other things, that the information in the field taught away from using the ultra-low doses of estrogen claimed in the ’984 patent. In its 43-page opinion, the Court rejected all of Defendants’ arguments, finding that all claims of the ’984 patent are not invalid.
The Fitzpatrick team was led by partner Dominick Conde, with associates Jason Leonard and Mary Alice Hiatt.