Press Release
New York, NY – April 26, 2010 – In a victory for the intellectual property law firm Kenyon & Kenyon LLP and client Watson Pharmaceuticals, Inc. (“Watson”), the Court of Appeals for the Federal Circuit affirmed a lower court ruling that the asserted claims of United States Patent No. 6,919,373 (the '373 Patent) are invalid.
The patent infringement case was brought by ALZA Corporation and McNeil-PPC over generic versions of Concerta® developed by Watson’s subsidiaries, Andrx Corporation and Andrx Pharmaceuticals LLC. In March 2009, Judge Joseph Farnan, Jr., of the United States District Court for the District of Delaware ruled that the proposed generic versions of Concerta®, which treats Attention-Deficit/Hyperactivity Disorder (“ADHD”), would not infringe United States Patent No. 6,919,373 (the '373 Patent) and that the '373 Patent is invalid.
On April 26, 2010, the Court of Appeals for the Federal Circuit affirmed Judge Farnan’s ruling by concluding that the asserted claims of the ’373 patent are invalid for lack of enablement. Given the affirmance on grounds of invalidity, the Federal Circuit did not address Judge Farnan’s alternative finding of non-infringement of the asserted claims.
Appellees were represented on appeal by Kenyon & Kenyon LLP partners John Bateman and Robert Vroom.
About Kenyon & Kenyon LLP Kenyon & Kenyon is consistently ranked by peers and in-house counsel as one of the top firms for intellectual property law. Since its founding in 1879, the firm has provided its worldwide clientele with litigation, prosecution, licensing and counseling services. Large and small enterprises and individuals choose Kenyon to design and implement intellectual property strategies when it matters most. The firm has offices in New York, Washington, DC, and Silicon Valley.