RMMS Defeats Motion for Temporary Restraining Order and Preliminary Injunction Involving Generic Ramipril Capsules

On June 10, 2008, the U.S. District Court for the District of Maryland denied a motion for temporary restraining order and preliminary injunction against the firm's clients, Lupin Limited and Lupin Pharmaceuticals, Inc. Plaintiffs King Pharmaceuticals, Inc. and King Pharmaceuticals Research and Development, Inc. filed their motion in order to prevent Lupin from bringing its FDA-approved generic version of Altace® (ramipril) capsules to the market pending resolution of the underlying patent infringement litigation. After considering the briefing and hearing oral argument from the parties, the Court ruled from the bench, finding that Plaintiffs had not established a likelihood of success on the merits, and denied Plaintiffs' motion.

This victory enabled Lupin to immediately launch its products and be among the first generic companies to offer generic ramipril capsules, 1.25 mg, 2.5 mg, 5 mg and 10 mg. This ruling follows the firm's successful challenge to another patent asserted against Lupin by King, which first opened the ramipril market to generic competition in 2007.

RMMS Defeats Motion for Preliminary Injunction Involving Generic Clobetasol Propionate Foam Products

On March 19, 2008, RMMS successfully defeated Plaintiffs Connetics Corporation and Connetics Australia Pty. Ltd.'s motion for preliminary injunction against the firm's client, Perrigo Israel Pharmaceuticals Ltd. (formerly Agis Industries (1983) Ltd.). After briefing and hearing argument on Plaintiffs' motion to enjoin Perrigo from launching its FDA-approved generic version of Olux®, the U.S. District Court for the District of New Jersey denied Plaintiffs' motion from the bench. As a result of this ruling, Perrigo is now on the market with its generic clobetasol propionate foam product.

RMMS Defeats Motion for Preliminary Injunction for Generic Client in Patent Dispute

On April 25, 2006, the U.S. District Court for the District of Arizona issued a 15-page opinion denying a motion for a preliminary injunction against RMMS's client, Prasco, LLC. After briefing and a hearing before the Court, RMMS defeated Plaintiff Medicis Pharmaceutical Corporation's motion, which called for the removal of Prasco's product from the market. As a result, Prasco was able to keep its generic product on the market pending the outcome of the underlying patent litigation against Medicis.

Please see "Pressure Rises for FDA, Congress in Latest Drug Duel" by Christine Hines of the Legal Times.

RMMS Partner Testifies Before Congress On Important Patent Reform Issues

In July 2005, Partner Christine J. Siwik testified before U.S. Senate, Committee on the Judiciary, Subcommittee on Intellectual Property, at a hearing entitled "Perspective on Patents: Harmonization and Other Matters." Presently, both the U.S. Senate and House of Representatives are considering legislation that could significantly change the patent laws. Through her testimony, Ms. Siwik sought to protect the interests of the generic pharmaceutical industry. A copy of Ms. Siwik's written testimony can be found at http://judiciary.senate.gov/hearing.cfm?id=1582.

RMMS Wins Summary Judgment of Non-Infringement for Generic Client in Patent Dispute Involving Pfizer's Blockbuster Prescription Drug Neurontin®
On August 22, 2005, the U.S. District Court for the District of New Jersey issued two 30-page decisions granting summary judgment on non-infringement for RMMS's generic client, Apotex, on Pfizer's U.S. Patent No. 6,054,482 for Neurontin®, a prescription drug approved to treat seizure and postherpetic neuralgia. In the long-running patent dispute dating back to 1998, RMMS attorneys have successfully obtained judgments for Apotex on all 3 of Pfizer's Neurontin® patents.