Paul Hastings Secures Dismissal in Patent Infringement Case on Behalf of Eisai

September 10, 2009

New York, New York (September 10, 2009) Paul, Hastings, Janofsky & Walker LLP, a leading global law firm, announced today that the firm obtained a dismissal on behalf of its client, Eisai, of a declaratory judgment patent action brought by Teva Pharmaceuticals.

Tevas complaint sought a declaratory judgment that the generic drug products proposed in two Abbreviated New Drug Applications (ANDAs) filed by Teva did not infringe four Eisai patents.  Tevas proposed generic drug products would be generic versions of Eisais blockbuster drug, Aricept®, used in the treatment of Alzheimers disease.  Teva alleged, among other things, that its Gate pharmaceuticals division was blocked from obtaining final FDA approval of its ANDAs by the four patents in the declaratory judgment action.  Eisai moved to dismiss the entire action.

The United States District Court for the District of New Jersey granted Eisais motion to dismiss, finding that the Court lacked subject matter jurisdiction because Tevas claims for declaratory judgment presented no justiciable controversy under the Declaratory Judgment Act jurisdictional standards.  In doing so, the Court also noted the prior preliminary injunction granted by that Court against Teva and its Gate division in separate litigation relating to Aricept®.  The Court ruled that it would decline to exercise jurisdiction in its discretion, even if the standards were otherwise met.  The Court further ruled that declining jurisdiction would be consistent with the purposes of the Declaratory Judgment Act and properly conserve judicial resources.

Bruce Wexler and Joseph OMalley, partners in our New York office, led the Paul Hastings team that secured dismissal of the action.

Paul, Hastings, Janofsky & Walker 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.

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