Mylan Prevails on Summary Judgment in Celebrex Litigation

On March 12, 2014, the U.S. District Court for the Eastern District of Virginia granted summary judgment in favor of Wilson Sonsini Goodrich & Rosati client Mylan Pharmaceuticals Inc., a leading provider of generic pharmaceutical drugs.

The plaintiffs, G.D. Searle LLC and Pfizer Asia Pacific Pte, Ltd. (collectively "Pfizer"), had accused Mylan and several other defendants of infringing a patent directed to Pfizer's painkiller drug, Celebrex. Specifically, Pfizer had accused Mylan of infringing U.S. Reissued Patent No. RE44,048 (the '048 patent). Mylan moved for summary judgment that the '048 patent was invalid due to obviousness-type double patenting, and an invalid reissue patent. Co-defendants Lupin Pharmaceuticals, Inc., Watson Laboratories, Inc., Apotex Inc., and Apotex Corp. also moved for summary judgment that the '048 patent was invalid due to obviousness-type double patenting, and an invalid reissue patent, although on slightly different grounds. The court granted both Mylan's motion and the co-defendants' motion with respect to obviousness-type double patenting, and granted the co-defendants' motion with respect to the invalid reissue patent.

The Wilson Sonsini Goodrich & Rosati team that represented Mylan in this matter included partners Stu Williams, Douglas Carsten, and T.O. Kong; associates Josh Mack, Nancy Zhang, Peter Kang, Wendy Devine, and Ellie Steiner; and paralegal Kathryn Robinson. Robert McFarland of McGuireWoods LLP represented Mylan as local counsel in the Eastern District of Virginia.

Lupin Pharmaceuticals, Inc. was represented by Douglass Clifford Hochstetler, Beth Jacob, Clifford Katz, Barrett Reyhan McVary, Joseph Dale Wilson, III, and David Rene Yohannan of Kelley Drye & Warren LLP.

Watson Laboratories, Inc. was represented by Bruce Jefferson Boggs, Jr., Matthew Lenington Fedowitz, Rachel Clark Hughey, and Christopher J. Sorenson of Merchant & Gould, and by William Rueger Poynter of Williams Mullen.

Apotex Inc. and Apotex Corp. were represented by Richard Hooper Ottinger and Dustin Mitchell Paul of Vandeventer Black LLP, and by Ian Scott and Richard T. Ruzich of Taft Stettinius & Hollister LLP.