Paul Hastings partner Eric Dittmann/courtesy photoPharma Companies Agree to COVID-19 Cease-Fire With Bench Trial on Hold
Paul Hastings partner Eric Dittmann says he hopes Mitsubishi Tanabe's voluntary agreement with Zydus Pharmaceuticals to extend the Hatch-Waxman automatic stay will serve as a model for others.
April 29, 2020 at 01:49 PM
3 minute read
The original version of this story was published on New Jersey Law Journal
Kumbaya moments aren't easy to come by in most pharmaceutical litigation.
But with a May bench trial postponed due to COVID-19 concerns, drug companies litigating the validity of patents on a diabetes treatment have jointly agreed to extend the Hatch-Waxman Act's automatic stay against launching a generic product.
Chief U.S. District Judge Freda Wolfson of the District of New Jersey signed off Friday on Mitsubishi Tanabe Pharma Corp. and Zydus Pharmaceuticals (USA) Inc.'s stipulation. It extends the 30-month stay, previously scheduled to expire Sept. 29, to 120 days after the conclusion of the bench trial, whenever that might be held.
Paul Hastings partner Eric Dittmann, who represents Mitsubishi Tanabe, said in a post on the firm's website that he hopes the agreement can serve as a model for other litigants facing the unique time pressures of Hatch-Waxman litigation.
"It's important to work creatively and collaboratively with your adversaries," Dittmann added in an interview Tuesday, "to come up with solutions that are fair to all parties while providing necessary relief to the courts during these challenging times."
Zydus is represented by Kasowitz Benson Torres and Saiber LLC. An attorney for the company did not immediately respond to a request for comment.
Mitsubishi holds patents on compounds that it licenses to Janssen Pharmaceuticals Inc. for use in its Invokana and Invokamet treatments for type 2 diabetes. Zydus and Sandoz Inc. submitted abbreviated new drug application for generic versions of the drugs in 2017, prompting Mitsubishi and Janssen to sue for infringement and for the automatic stay to be imposed. Sandoz settled out in February.
Dittmann wrote on the firm's website that as the COVID-19 crisis worsened this spring, his team began focusing more on the safety of its clients and witnesses, who are located around the world, and alleviating pressure on the court. Extending the stay was agreeable to both parties, gives the court sufficient time to hear and decide the matter, and rules out any need for Mitsubishi to ask the court for a preliminary injunction, Dittmann wrote.
Mitsubishi's team also includes Paul Hastings partner Isaac Ashkenazi, of counsel Dana Weir and associate Max Yusem, plus partners Charles Lizza, William Baton and Sarah Sullivan of the Newark office of Saul Ewing Arnstein & Lehr.
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