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Complementing the long standing reputation of our Life Sciences expertise, Covington’s intellectual property litigators have been lead counsel in pharmaceutical patent infringement cases throughout the country, including in key jurisdictions such as the Districts of Delaware and New Jersey. Covington lawyers have extensive experience with all facets of pharmaceutical legal practice, and employ their deep industry and technical knowledge to resolve clients most complex and sophisticated high-stakes cases, including those arising under the Hatch-Waxman Act, as well as cases with antitrust implications.
Representative Matters
- Representation of Allergan and Syntex (U.S.A.) in the Northern District of California in a patent infringement case against Apotex involving an ophthalmic drug formulation.
- Representation of Johnson & Johnson subsidiaries ALZA Corporation and Janssen Pharmaceutica in the successful defense of the FDA's decision granting ALZA a period of pediatric exclusivity under the food and drug statutes following expiration of ALZA's patent for its transdermal fentanyl system (the Duragesic patch).
- Representation of AstraZeneca in the District of Delaware in patent litigation against Barr and Mylan concerning Entocort® EC, used for the treatment of Crohn’s disease.
- Representation of Auxilium Pharmaceuticals in the District of Delaware in a patent litigation case nvolving transdermal testosterone gel for treatment of male hypogonadism.
- Representation of GlaxoSmithKline:
- in patent litigation brought by Classen Immunotherapies in the District of Maryland involving immunization methods and schedules. After we successfully moved to dismiss, the Federal Circuit affirmed and denied Classen’s petition for rehearing and rehearing en banc;
- in patent-antitrust litigation related to GSK’s Augmentin® product; and
- in patent-antitrust-litigation related to GSK’s Relafen® product.
- Representation of Johnson & Johnson subsidiary Janssen-Ortho in Ontario, Canada Federal Court monitoring patent litigation brought by Novopharm relating to levofloxacin. After a full trial on the merits, the trial court awarded Janssen-Ortho with damages and injunctive relief. The decision was subsequently affirmed by the Federal Court of Appeal.
- Representation of Johnson & Johnson subsidiaries Janssen Pharmaceutica and Synaptech in patent infringement litigation in the District of Delaware against seven ANDA filers concerning Janssen’s Alzheimer’s treatment Razadyne®. In addition, Covington is representing those companies in separate patent litigation in the District of New Jersey against three generics concerning Razadyne ® ER, a once-daily version of the drug product.
- Representation of Key Pharmaceuticals in patent infringement actions related to a potassium chloride supplement.
- Representation of Merck and Schering-Plough in securing a ruling by the Federal Circuit that the companies were entitled to extend the life of existing pharmaceutical patents by combining the benefits of both the patent life extension provisions of the Hatch Waxman Act and the 20 year patent life established through the Uruguay Round of GATT.
- Representation of Merial in Hatch-Waxman patent infringement litigation in the Western District of Missouri arising from Abbreviated New Animal Drug Applications by Phoenix Scientific for ivermectin products.
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