Fitzpatrick Successfully Defends Blockbuster Drug Benicar

August 7, 2009

For Immediate Release

Roger Ardan / Christina Cozzi


NEW YORK, August 7, 2009 – Intellectual property law firm Fitzpatrick, Cella, Harper & Scinto ( is pleased to announce its major victory on behalf of client Daiichi Sankyo Company Limited against generic drug maker Mylan Pharmaceuticals in a Hatch-Waxman lawsuit concerning Daiichi Sankyo’s Benicar® family of high blood pressure medicines. Daiichi Sankyo scientists invented olmesartan medoxomil, the active ingredient in Benicar and received a U.S. Patent for their invention. Mylan sought to sell generic copies of Benicar® prior to the patent’s expiration in 2016. The blockbuster drug had worldwide sales of more than $1 billion last year.

After a two week trial, on July 30, 2009, U.S District Judge William J. Martini in New Jersey ruled that Mylan had infringed the patent and rejected Mylan’s argument that the Daiichi Sankyo patent was invalid for obviousness. Judge Martini concluded that the prior art taught away from Daiichi Sankyo’s invention, that the invention was not structurally similar to the prior art, and thus was not obvious. In addition, Judge Martini found that Daiichi Sankyo demonstrated that several objective indicia weighed against a finding of obviousness. On August 6, Judge Martini entered final judgment for Daiichi Sankyo.

Daiichi Sankyo’s litigation team was led by Fitzpatrick Cella partners Dominick Conde, Joshua Rothman, and Larry Scinto. Fitzpatrick’s co-counsel on the case were Simpson Thacher & Bartlett and McCarter & English.

About Fitzpatrick, Cella, Harper & Scinto
Fitzpatrick, Cella, Harper & Scinto, ( founded in 1971, is a leading national intellectual property law firm of over 150 lawyers with offices in New York, Costa Mesa, California and Washington, D.C. The Firm’s practice covers the spectrum of intellectual property services, including applying for patent and trademark protection, litigation, appeals, interferences, alternative dispute resolution, licensing, opinions, corporate transactions and due diligence. Fitzpatrick represents an international client base from Fortune 500 companies to start-up companies.