Alston & Bird clients Mylan Pharmaceuticals Inc. and Mylan Inc. have prevailed in a major patent case brought by Salix Pharmaceuticals, Inc. and Dr. Falk Pharma GmbH, with Judge Irene M. Keeley of the Northern District of West Virginia ruling that Mylan’s proposed generic version of Apriso does not infringe the asserted patent.
This is Alston & Bird’s second patent infringement victory for Mylan in three months. In June, the firm secured a key non-infringement ruling for Mylan against Shire Development LLC in Florida federal court over Mylan’s proposed generic version of Shire’s gastrointestinal drug Lialda.
In the Salix case, Judge Keeley granted judgment in favor of Mylan due to plaintiffs’ inability to prove Mylan infringed U.S. Patent No. 8,865,688, which is listed in the Orange Book as being associated with Apriso.
Specifically, the court found in its September 12 order that: “[T]he plaintiffs have not carried their burden to prove by a preponderance of the evidence that Mylan’s ANDA product will infringe each element of claim 1 of the ‘688 Patent either directly or indirectly.”
Representing Mylan in the matter are Alston & Bird partner Deepro Mukerjee and senior associates Lance Soderstrom and Joe Janusz, together with co-counsel Parker Poe LLP.
The case is Salix Pharmaceuticals Inc. and Dr. Falk Pharma GmbH. v. Mylan Pharmaceuticals and Mylan Inc., case number 1:15-cv-00109-IMK, in the U.S. District Court for the Northern District of West Virginia.