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Category: Pharma + Hatch-Waxman

SSJR Protects Attorney-Client Communications Identified By Witness During Hearing


In early 2009, AstraZeneca filed for a preliminary injunction in New Jersey District Court to prevent SSJR client Apotex from launching its generic version of AstraZeneca’s Pulmicort Respules® product. During the hearing, an Apotex witness identified certain attorney communications as a reason for certain actions taken. AstraZeneca asserted this amounted to a […]

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May 4, 2011 by in IP Litigation

SSJR Compels Production of Swedish In-House Communications


In early 2009, Astra Zeneca filed litigation in New Jersey District Court to prevent SSJR client Apotex from launching its generic version of AstraZeneca’s Pulmicort Respules® product. During discovery, AstraZeneca, a Swedish company, withheld numerous communications with in-house counsel on the grounds of attorney-client privilege. Recognizing that these communications should not have […]

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April 4, 2011 by in IP Litigation

SSJR Wins Appeal Establishing Clear Precedent That Kit Claims Covering FDA Drugs Are Invalid Because Drug Labels Do Not Constitute Patentable Subject Matter


In early 2009, Astra Zeneca filed for a preliminary injunction in New Jersey District Court to prevent SSJR client Apotex from launching its generic version of AZ’s Pulmicort Respules (budesonide). AZ asserted among other things that Apotex’s launch would infringe the kit claims in U.S. Patent No. 6,598,603 and No. 6,899,099. The […]

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November 2, 2010 by in Appeals

SSJR Prevents Patent Holder from Adding Claims of Commerical Infringement and Willfulness to ANDA Case


The District Court for the District of New Jersey has ruled in favor of Sandoz, Inc., denying Otsuka Pharmaceutical’s attempt to amend an ANDA Complaint to add new claims for commercial and willful infringement. After subsequent briefing and oral argument, the District Court affirmed a magistrate judge’s ruling that the additional claims […]

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October 23, 2009 by in IP Litigation

SSJR Successfully Secures Dismissal of Patent Infringement Case


SSJR is pleased to report it has successfully secured a dismissal of a Hatch-Waxman patent infringement case against its client Sandoz. The case was initiated when GlaxoSmithKline (“GSK”) asserted that Sandoz’s generic version of GSK’s anti-nausea drug Zofran® (Ondansetron) infringed U.S. Patent No. 5,344,658. Through its work SSJR was successful in convincing GSK to dismiss its […]

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May 15, 2007 by in IP Litigation