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Loeb Secures Claim Construction Victory and Motion to Dismiss for Hoffmann-La Roche and Genentech in Hatch-Waxman Litigation

Loeb & Loeb LLP secured two important victories for clients Hoffmann-La Roche Inc. and Genentech, Inc. in Hatch-Waxman cases against multiple generic pharmaceutical manufacturers who have challenged Roche’s patents on the branded osteoporosis drug Boniva®.

Judge Chesler of the U.S. District Court for the District of New Jersey recently agreed with Roche’s construction of certain critical claim terms found in the asserted method of treatment patent covering Boniva®. The decision puts these cases in an excellent position as Loeb’s litigators prepare to address the substantive patent issues at trial to prevent the manufacture and sale of a generic version of the bone density drug. This claim construction applies in each of the five litigations involving defendants Apotex, Dr. Reddy’s Laboratories, Watson/Cobalt, Orchid and Mylan/Genpharm.

Another recent win for Hoffmann-La Roche and Genentech came in the case against generic challenger Orchid when the Court granted Roche’s motion to dismiss Orchid’s third counterclaim and fifth affirmative defense in response to Roche’s patent infringement complaint. The Court’s decision to strike Orchid’s affirmative defense was based on Orchid’s failure to meet contention disclosure requirements in violation of New Jersey’s Local Patent Rules and is one of the few decisions to address New Jersey’s newly adopted patent rules.

The Loeb & Loeb team representing Hoffmann-La Roche Inc. and Genentech, Inc. in these patent suits includes attorneys Mark Waddell, Warren MacRae, Paula Colbath, and Kathleen Gersh.

Loeb & Loeb’s Patent Litigation and Counseling Group has extensive experience with interpreting and applying the Hatch-Waxman Act, including litigating infringement, validity and enforceability of patents on behalf of branded pharmaceutical companies and developing legal strategies for their products. For more information, visit Loeb's Patents Practice page.