Litigator of the Week Runners-Up and Shout Outs
Patterson Belknap litigators got a ruling from a federal judge in New Jersey preserving patent protection for Janssen's Invega Trinza, an antipsychotic drug which generates about $600 million in annual sales in the U.S.
May 26, 2023 at 07:25 AM
7 minute read
First up this week are Patterson Belknap Webb & Tyler patent litigators Barbara Mullin, Aron Fischer and Andrew Cohen. You might remember that back in 2021 Mullin took home Litigator of the Week honors for fending off a generic drug maker's patent challenge to Janssen's Invega Sustenna, an antipsychotic drug with more than $1.5 billion in annual sales. In a decision made public this week, Mullin and a trial team co-led by Fischer and Cohen got a ruling from U.S. District Judge Evelyn Padin in New Jersey in a similar case preserving patent protection for Janssen's Invega Trinza, a long-acting injectable antipsychotic drug used to treat schizophrenia which generates about $600 million in annual sales in the U.S. The judge's ruling, which comes after a two-week bench trial last year and closing arguments this spring, bars the FDA from approving a proposed generic from Mylan until Janssen's patent expires—a date currently set for April 5, 2036. The Patterson Belknap team also included Lachlan Campbell-Verduyn, Jay Cho, Joyce Nadipuram and Robert Quirk.
Katherine "Kat" Hacker of Bartlit Beck and co-counsel Christine Miller at Husch Blackwell extended Bayer's defense win streak to seven trials in a row in cases where plaintiffs claim the herbicide Roundup caused their non-Hodgkin lymphoma. After a six-week trial and about five hours of deliberations, jurors in Clayton, Missouri this week sided with the company and turned back the plaintiff's design defect, failure to warn and negligence claims. The Bartlit Beck team also included Mark Ouweleen, Lindley Brenza, Reid Bolton and Dawson Robinson.
A trial team at Hunton Andrews Kurth and Prickett, Jones & Elliott helped Rite Aid beat back claims brought by a group of insurance and pharmacy benefit companies seeking more than $100 million for alleged overcharges. Envolve Pharmacy Solutions Inc. and the Centene Health Plans claimed Rite Aid submitted "inflated" usual and customary prices in claims for reimbursement for prescription drugs. But after two weeks of trial and about two-and-a-half hours of deliberations, a jury in Wilmington, Delaware state court this week found that a three-year statute of limitations applied to certain older claims, that Rite Aid was not unjustly enriched, and that the claims of the Centene plaintiffs were barred by Delaware's voluntary payment doctrine. Rite Aid's trial team was led by John Shely, Courtney Glaser and Kelsey Hope of Hunton Andrews Kurth as well as Corinne Amato and Jason Rigby of Prickett, Jones & Elliott. The trial team had additional support from Neil Gilman, Chris Dufek, Destiny Stokes and Rebecca Martinez of Hunton Andrews Kurth as well as Eric Juray from Prickett, Jones & Elliott.
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Law Firms Mentioned
- Akin Gump Strauss Hauer & Feld
- Hunton Andrews Kurth
- Bartlit Beck Herman
- Bass, Berry & Sims
- Freshfields Bruckhaus Deringer
- Greenberg Traurig
- Husch Blackwell
- Patterson Belknap Webb & Tyler LLP
- Prickett, Jones & Elliott, P.A.
- Robins Kaplan LLP
- Weil, Gotshal & Manges
- Williams & Connolly
- Wilmer Cutler Pickering Hale and Dorr LLP
- Zimmerman Reed, LLP
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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