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
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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Pharma Giants File Patent Infringement Suit Against India-Based Drugmaker Over IBS Medication
3 minute read
Hagens Berman Accused of Withholding Share of $13M Award in Pharmaceutical Settlement
Drugmaker Wins $70.5M After Fed Judge Says Generic Sales Were Blocked
4 minute readLaw Firms Mentioned
Trending Stories
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.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
