New York, NY
(May 31, 2012) - Paul Hastings, a leading global law firm, announced today that the United States District Court for the District of Delaware on May 16, 2012 found in favor of Paul Hastings client Galderma Laboratories, a developer and manufacturer of medical solutions for dermatological patients and physicians, on all arguments pertaining to remedies for generic drug manufacturer Mylan Pharmaceuticals, Inc.s infringement of Galdermas rosacea drug Oracea®. Among its findings, the court barred Mylan from selling a generic version of Oracea® and permanently enjoined this generic version until Galdermas patent expires in 2027.
Galderma Laboratories, L.P., Galderma Laboratories, Inc., Research Foundation of State University of New York, and New York University sued Mylan Pharmaceuticals, Inc. for patent infringement of patents covering Galderma's proprietary drug Oracea®, indicated for the treatment of rosacea. On June 28, 2010, Judge Stark issued a preliminary injunction enjoining Mylan from marketing its generic drug prior to trial. In October 2010 , Mylan filed a declaratory judgment action against Galderma Laboratories, L.P., Galderma Laboratories, Inc. and Supernus Pharmaceuticals, Inc. concerning an additional patent covering Oracea®. On August 26, 2011, following a four-day consolidated bench trial, Judge Leonard P. Stark of the United States District Court for the District of Delaware held that the longest running patent covering Oracea® (expiring December 19, 2027) was valid and infringed by Mylan.
Paul Hastings successfully argued that Galderma is entitled to a permanent injunction and delayed FDA approval for Mylans generic rosacea drug, enjoining Mylan from selling the drug until Galdermas patent expires, no earlier than Dececember 19, 2027. In addition, the Court agreed with Galderma that Mylan should not be compensated with the $26 million bond the Court required Galderma to post upon the entry of the preliminary injunction in June 2010, finding that Mylan is not entitled to this bond as compensation for any loss of sales resulting from the injunction.
The Paul Hastings team was led by Intellectual Property practice partner Gerald Flattmann
and included global co-chair of the Intellectual Property pratice Joseph O'Malley
and of counsel Christine Willgoos
. Paul Hastings LLP is a leading global law firm with offices in Asia, Europe, and the United States. We provide innovative legal solutions to financial institutions and Fortune 500 companies. Please visit www.paulhastings.com for more information.