Global law firm White & Case LLP achieved a significant trial victory for Pfizer Inc. in a patent infringement case against seven generic drug companies regarding three patents covering the active ingredient in Pfizer’s blockbuster drug Lyrica® and its therapeutic uses.
Following a bench trial, Judge Gregory M. Sleet of the US District Court for the District of Delaware ruled that each of Pfizer’s patents were valid and that Actavis Inc., Cobalt Laboratories Inc., Lupin Ltd., Mylan Pharmaceuticals Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceuticals Industries Ltd. and Wockhardt Ltd. could not sell their generic versions of the drug until December 2018. The decision is subject to appeal.
“The court’s decision recognizes the infringement and validity of our Lyrica patents and affirms the value of Lyrica as a distinct and important innovation for patients,” said Amy Schulman, EVP and general counsel for Pfizer. “Protecting our intellectual property is vital to our ability to develop new medicines that save and enhance patient lives.”
The litigation began in 2009 when Pfizer sued each of the seven defendants after they applied for FDA approval to market a generic version of Lyrica. The defendants argued that Pfizer’s patents were invalid for obviousness, anticipation, an insufficient written description, and incorrect inventorship.
Lyrica, a treatment for various kinds of neuropathic pain, fibromyalgia, and certain types of seizures, is Pfizer’s top-selling drug and has generated more than $7.7 billion in US sales since its launch in 2005.
The White & Case team consisted of Dimitrios Drivas, Jeffrey Oelke, Adam Gahtan, Brendan Woodard, John Scheibeler, Robert Counihan, Ryan Johnson, Augusta Wilson, Jay Mitra, Hannah Morey and Matt Campion.
