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Defended Upsher-Smith in Hatch-Waxman Litigation Involving Isotretinoin Capsules
Allowing for Commercial Launch Three Months before Orange Book-Listed Patents’ Expiration Date
September 4, 2020
Galephar Pharmaceutical et al. v. Upsher-Smith Laboratories, LLC
Robins Kaplan LLP served as lead counsel to Upsher-Smith in Hatch-Waxman patent litigation in the District of New Jersey brought by Galephar Pharmaceutical Research, Inc., Cipher Pharmaceuticals Inc., and Sun Pharmaceutical Industries, Inc. asserting infringement of five patents covering Absorica® (Isotretinoin) Capsules.
The case settled on September 4, 2020. Upsher-Smith announced the launch of its Isotretinoin Capsules on June 25, 2021, nearly three months before the Orange Book-listed patents’ expiration date.
Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.
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If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
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