Fitzpatrick Client, Novartis, Wins Consent Judgment in Lamisil Litigation

IP Law Bulletin
September 3, 2004

Fitzpatrick attorneys, on behalf of their client Novartis, recently prevailed by having Dr. Reddy’s consent that Novartis’s patent on its anti-fungal drug Lamisil® was valid, enforceable and infringed. The case had been pending for over two years, with Dr. Reddy’s having pled and litigated the defenses of non-infringement, anticipation, obviousness, double patenting obviousness and two separate allegations of inequitable conduct. In addition, Fitzpatrick recently prevailed in successfully opposing Dr. Reddy’s motion to amend the pleadings to add a third allegation of inequitable conduct. With the case at the summary judgment/trial stage, Dr. Reddy’s agreed to take a consent judgment. The Fitzpatrick litigation team was led by Nicholas N. Kallas, Robert L. Baechtold and Diego Scambia.

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