King & Spalding secured victory for Galderma Laboratories.
After Sun Pharmaceuticals sought to market a product bioequivalent to Galderma’s Oracea® Capsules, but with a purportedly “differentiated” formulation, Galderma brought claims under the Hatch-Waxman Act alleging patent infringement.
Following a three-day bench trial in December 2018, Chief Judge Leonard P. Stark of the United States District Court for the District of Delaware ruled that Sun’s product directly infringed on Galderma’s formulation patents, despite Sun’s claims of being specifically designed with different formulation. Judge Stark also rejected Sun’s assertion that Galderma’s patents were invalid. As a result, the market exclusivity for Galderma’s flagship Oracea® product continues to be protected through December 24, 2025.
Goodwin Proctor LLP and Richards, Layton & Finger, P.A. represented Sun Pharmaceuticals. Goodwin Proctor LLP team was led by Kelly Farnan and Nicole Pedi. Richards, Layton & Finger, P.A. team was led by Huya Wu, Brian Robinson and Nicholas Mitrokostas.
Morris, Nichols, Arsht & Tunnel, LLP represented Nestle Skin Health S.A. and TCD Royalty Sub LLC. The team was led by Jack Blumenfeld, Maryellen Noreika, Megan Elizabeth Dellinger.
Paul Hastings LLP represented Galderma Laboratories. Paul Hastings LLP team was led by Lucas Kressel. King & Spalding team was led by Gerarld Flattman (Picture), Vanessa Yen and Evan Diamond.
After Sun Pharmaceuticals sought to market a product bioequivalent to Galderma’s Oracea® Capsules, but with a purportedly “differentiated” formulation, Galderma brought claims under the Hatch-Waxman Act alleging patent infringement.
Following a three-day bench trial in December 2018, Chief Judge Leonard P. Stark of the United States District Court for the District of Delaware ruled that Sun’s product directly infringed on Galderma’s formulation patents, despite Sun’s claims of being specifically designed with different formulation. Judge Stark also rejected Sun’s assertion that Galderma’s patents were invalid. As a result, the market exclusivity for Galderma’s flagship Oracea® product continues to be protected through December 24, 2025.
Goodwin Proctor LLP and Richards, Layton & Finger, P.A. represented Sun Pharmaceuticals. Goodwin Proctor LLP team was led by Kelly Farnan and Nicole Pedi. Richards, Layton & Finger, P.A. team was led by Huya Wu, Brian Robinson and Nicholas Mitrokostas.
Morris, Nichols, Arsht & Tunnel, LLP represented Nestle Skin Health S.A. and TCD Royalty Sub LLC. The team was led by Jack Blumenfeld, Maryellen Noreika, Megan Elizabeth Dellinger.
Paul Hastings LLP represented Galderma Laboratories. Paul Hastings LLP team was led by Lucas Kressel. King & Spalding team was led by Gerarld Flattman (Picture), Vanessa Yen and Evan Diamond.