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Paul Hastings Obtains Preliminary Injunction in a Patent Infringement Case on Behalf of Eisai


New York, NY (March 28, 2008) Paul, Hastings, Janofsky & Walker LLP (Paul Hastings), a leading international law firm, announced today that the firm obtained a preliminary injunction on behalf of Eisai Co., Ltd. regarding the pharmaceutical companys billion dollar a year Alzheimers disease drug, Aricept®.

The patent suit was filed following a submission to the US Food & Drug Administration by Teva Pharmaceuticals of an Abbreviated New Drug Application (ANDA) for a generic version of Aricept®, the active ingredient of which is donepezil hydrochloride. The generic drug maker charged that Eisais patent should be held unenforceable because Eisai had allegedly failed to disclose a copending patent application covering a different drug molecule invented by Eisai and a prior published article with intent to deceive the Patent Office.

The United States District Court for the District of New Jersey granted Eisais motion for a preliminary injunction, finding that Eisais patent was valid and infringed and that Tevas remaining defense of patent unenforceability lacked substantial merit.

New York partners Bruce Wexler, Joseph OMalley and Victoria Cundiff led the Paul Hastings team.

Paul, Hastings, Janofsky & Walker LLP, founded in 1951, is a leading international law firm with over 1,200 attorneys in 18 offices. The firm serves a diverse client base including many of the leading global financial institutions and Fortune 500 companies and offers deep capabilities in capital markets, finance and restructuring, intellectual property, international arbitration and dispute resolution, investment management, labor and employment, mergers and acquisitions, private equity, product liability, project finance, real estate, securities litigation and tax advisory services. For additional information, please visit our website at www.paulhastings.com.