Knobbe Martens Olson & Bear LLP - IP Litigation, Ranbaxy Pharmaceuticals, Inc. and Ranbaxy Laboratories Limited v. Apotex, Inc

Pfizer Inc., Pfizer Ireland Pharmaceuticals, Warner-Lambert Company, Warner-Lambert Company, LLC. and Warner-Lambert Export, Ltd., v. Ranbaxy Laboratories Limited and Ranbaxy Pharmaceuticals, Inc. [03-209-JJF (D. Del)]

Knobbe Martens successfully represented its client, Ranbaxy Pharmaceuticals, Inc. before the U.S. Court of Appeals for the Federal Circuit ("CAFC") on one of the key atorvastatin patents (U.S. Patent No. 5,273,995) currently held by Pfizer. Atorvastatin is a cholesterol-reducing drug, marketed by Pfizer as Lipitor®, and is the largest selling drug in the world. The CAFC's ruling invalidates the '995 patent, which would not have expired until June 2011. On the other hand, the CAFC affirmed the portion of the district court judgment regarding Pfizer's other atorvastatin patent (U.S. Patent No. 4,681,893), which is set to expire in March 2010. Thus, the decision shortens Pfizer's protection over atorvastatin by fifteen months

Glaxo Group Limited and Glaxo Wellcome, Inc. v. Ranbaxy Pharmaceuticals, Inc., 00-5172 (D. N.J. March 2004)

The firm successfully defended Ranbaxy Pharmaceuticals, Inc., a subsidiary of Ranbaxy Laboratories Limited, one of the world’s largest generic pharmaceutical companies, in a patent infringement lawsuit brought by GlaxoSmithKline ("GSK"). Ranbaxy has been producing generic drugs for 41 years and is a global market leader in pharmaceuticals. Earlier, GSK won a preliminary injunction that kept Ranbaxy from marketing its generic anti-infective product cefuroxime axetil which GSK asserted infringed its patent for the anti-infective drug "Ceftin." However, Ranbaxy prevailed on its appeal to the United States Court of Appeals for the Federal Circuit. Post appeal and after a six-week bench trial, the district court determined that Ranbaxy’s product does not infringe. Published prior decision at 262 F.3d 1333 (Fed. Cir. 2003).

Ranbaxy Pharmaceuticals, Inc. and Ranbaxy Laboratories Limited v. Apotex, Inc. [02-CV-848 (D. N.J.)]

In a declaratory judgement action, the firm successfully defended Ranbaxy Pharmaceuticals, Inc. and Ranbaxy Laboratories Limited, one of the world’s largest generic pharmaceutical companies, against patent infringement counter claims brought by Apotex, Inc., a competing generic pharmaceutical company. Apotex alleged that Ranbaxy’s process for producing cefuroxime axetil, an anti-infective drug, infringed Apotex’s process patent. Apotex first sought a temporary restraining order and later a preliminary injunction preventing Ranbaxy from importing and selling its drug. However, Ranbaxy defeated both the temporary restraining order and the preliminary injunction, allowing Ranbaxy to continue to market its drug. Published decision at 350 F.3d 1235 (Fed. Cir. 2003).