“Following a six day bench trial, the District Court issued a memorandum opinion resolving all remaining infringement disputes in plaintiffs’ favor and finding that defendants had failed to show that the asserted patents are invalid,” said Baker Botts Intellectual Property partner Steve Hash. “The Court's judgment will prevent the defendants from launching generic versions of VIMOVO® in the United States until at least after the expiration of Pozen’s asserted patents.”
VIMOVO®, an arthritis pain reliever, was invented by Pozen and is marketed by Pozen’s exclusive licensee Horizon Pharma plc. Beginning in 2011, multiple companies filed applications with the FDA to sell generic copies of VIMOVO®. Pozen and Horizon filed suit in the District of New Jersey against the companies, asserting that the generic products infringed Pozen’s patents. In response, the defendants argued that Pozen’s patents are invalid or not infringed.
Baker Botts Intellectual Property lawyers representing Pozen Inc., were Intellectual Property lawyers Steve Hash and Jeff Gritton of the firm’s Austin office. Baker Botts tried the case along with Horizon’s counsel from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP and Cooley LLP.
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