WASHINGTON, D.C. and SEATTLE, July 31, 2024 – A team from Knobbe Martens scored a significant victory on behalf of pharmaceutical manufacturer Lupin in Hatch-Waxman litigation against Otsuka Pharmaceutical Co. regarding a drug that treats kidney disease.
In 2021, Lupin Limited filed an Abbreviated New Drug Application seeking approval to market generic versions of Jynarque® (tolvaptan). The plaintiff, Otsuka Pharmaceutical Co., Ltd., asserted that Lupin’s generic drug products and synthesis of tolvaptan would infringe claims of three patents.
Previously, Otsuka had dropped one of its asserted patents from the case. In his decision, which published on July 31, U.S. District Court Judge Richard G. Andrews found for Lupin on the remaining two patents and invalidated one of them.
This matter is significant because Jynarque® is used to treat a life-threatening kidney disease. This decision in Lupin’s favor allows the company to provide patients in the U.S. with a more cost-effective treatment option.
The Knobbe Martens litigation team was led by trial counsel William Zimmerman and Carol Pitzel Cruz, who co-chair the firm’s Hatch-Waxman litigation practice, and partner Jared Bunker. They were joined by associate Matthew Friedrichs.
The case is Otsuka Pharmaceutical Co., Ltd. v. Lupin Limited et al., C.A. No. 21-900-RGA (D. Del.). A copy of Judge Andrews’ decision may be found here.
About Knobbe Martens
Knobbe Martens is a highly respected intellectual property law firm, offering legal services in all aspects of intellectual property and technology law. The firm’s litigation group handles cases throughout the U.S. and coordinates strategy for disputes worldwide. Founded in California in 1962, the firm has about 300 lawyers and scientists based in offices located in Orange County, Los Angeles, New York, San Diego, San Francisco, Seattle and Washington D.C. Knobbe Martens serves a diverse international client base, from multinational corporations to emerging businesses of all stages. More information about the firm can be found at www.knobbe.com.
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