Budd Larner Follows Up Guaifenesin and Nasonex Trial Wins With a Trial Victory for Dr. Reddy's Laboratories in Omeprazole OTC
August 7, 2018
Budd Larner Follows Up Guaifenesin and Nasonex Trial Wins With a Trial Victory for Dr. Reddy’s Laboratories in Omeprazole OTC
Late last week, a Budd Larner trial team achieved a memorable court house victory for firm client Dr. Reddy’s Laboratories (“DRL”) against Dexcel Pharma (“Dexcel”).
The case arose when DRL filed an ANDA seeking regulatory approval to market a generic version of Dexcel’s over-the-counter (OTC) Omeprazole delayed release tablets. Dexcel filed a Hatch-Waxman suit against DRL, alleging that DRL’s ANDA product infringed its patents.
The U.S. District Court for the District of New Jersey commenced a bench trial in late July but cut short the trial after a crushing cross examination of a Dexcel expert witness by Budd Larner partner Constance Huttner that made clear that Dexcel could not prevail. As a result, Dexcel conceded and consented to judgment in favor of Dr. Reddy’s.
The Budd Lamer trial team was headed by Huttner and Alan Pollack along with associates Anandita Vyakarnam, Caroline Sun and Beth Finkelstein. Budd Larner trial teams also secured trial wins last year for DRL in a case arising from DRL’s filing of an ANDA for a generic version of Guaifenesin and for Amneal in a case arising from Amneal’s filing of an ANDA for Nasonex.
Andrew J. Miller
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