Merchant & Gould Secures Victory for Client Aurobindo Pharma Ltd. in Hatch-Waxman Litigation

December 9, 2016

On December 8, 2016, Merchant & Gould scored a victory for its client Aurobindo Pharma Ltd. in Hatch-Waxman litigation in the United States District Court for the District of New Jersey. 

Aurobindo and several other generic companies are defendants in litigation over the defendants’ submissions of abbreviated new drug applications seeking to market linagliptin (generic Tradjenta®), a treatment for diabetes. The Court granted our client’s motion to dismiss the asserted claims of U.S. Patent No. 8,853,156 on the grounds that the methods of treatment recited are patent-ineligible under section 101 of the U.S. patent code. The decision shortens the length of time before which our client will be able to market its generic product. 

The case is Boehringer Ingelheim Pharms. Inc. v HEC Pharm Co. Ltd. et al., No. 15-cv-5982 (D.N.J), and was argued on behalf of the defendants by Edward Pardon, M.D., J.D., a partner in Merchant & Gould’s Madison office.