Scott F. PeachmanScott F.Peachman

Promosome LLC v. Pfizer Inc., BioNTech SE, and BioNTech Manufacturing GmbH: Represented BioNTech in patent litigation in the Southern District of California involving Comirnaty®, the first FDA-approved COVID-19 mRNA vaccine. Secured a “walk-away” dismissal with prejudice from Plaintiff following a powerful inequitable conduct defense and counterclaims showing that material prior art had been knowingly withheld during prosecution of the asserted patent.

ACADIA Pharmaceuticals Inc. v. Aurobindo Pharmaceuticals: Achieved a complete victory in the District of Delaware for client ACADIA Pharmaceuticals, successfully defending the latest expiring patent covering ACADIA’s Nuplazid® (pimavanserin) product, the first drug approved by the FDA for the treatment of hallucinations and delusions associated with Parkinson’s disease psychosis. Also successfully obtained summary judgment of no invalidity for obviousness-type double patenting (OTDP) for a patent covering Nuplazid® in the District of Delaware, which was affirmed on appeal by the Federal Circuit.

AbbVie Inc. and Genentech, Inc. v. Dr. Reddy’s Laboratories, Ltd.: Represented AbbVie and Genentech in Hatch-Waxman litigation in the District of Delaware involving patent challenges to Venclexta® (venetoclax), the first FDA-approved BCL-2 inhibitor. Secured the complete resolution of a Hatch-Waxman litigation protecting Venclexta®, which followed a resounding victory relating to a PGR and an IPR challenge by one of the generic challengers.

Infineum USA L.P. v. Chevron Oronite Company: Represented Chevron Oronite Company in patent litigation in the District of Delaware and inter partes review proceedings concerning lubricating oil technology. Obtained a complete victory before the PTAB which was affirmed on appeal by the Federal Circuit.

Adamas Pharma, LLC v. Sandoz Inc.: Represented Adamas Pharmaceuticals, Inc. in Hatch-Waxman patent litigation concerning Gocovri® (amantadine), the first drug approved by the FDA for the treatment of dyskinesia in patients with Parkinson’s disease receiving levodopa-based therapy. Secured favorable settlements with first filers in patent infringement actions.

Merck Sharp & Dohme Co. Inc. v. MSN Laboratories Pvt. Ltd.: Represented Merck in Hatch-Waxman patent litigation in the District of New Jersey involving patent challenges to Emend® IV (fosaprepitant), an important drug for the prevention of chemotherapy-induced nausea and vomiting. Obtained a favorable early settlement of the dispute.

Teijin Limited, et al. v. Mylan Pharmaceuticals Inc.: Represented Teijin against 13 generic drugmakers involving patents directed to Teijin’s Uloric® (febuxostat) drug product for gout patients. The case settled on favorable terms after a successful defense of the inventors of the patents-in-suit.

Pre-Suit Diligences. Currently represents branded pharmaceutical companies in pre-suit diligences and anticipation of patent challenges to their key products, which includes patent portfolio counseling and strategy.