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Allowing for Commercial Launch Three Months before Orange Book-Listed Patents’ Expiration Date

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.

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