Sterne Kessler Successfully Represents Alembic Pharmaceuticals Limited in Launching Generic Drug

Sterne, Kessler, Goldstein & Fox successfully represented Alembic Pharmaceuticals Limited in defeating a motion for a preliminary injunction and temporary restraining order brought by Otsuka Pharmaceuticals in the U.S. District Court for the District of New Jersey. On April 16, 2015, Chief Judge Simandle denied Otsuka’s motion finding that Otsuka failed to meet its burden of establishing that it was entitled to injunctive relief on multiple grounds including claim construction, direct infringement, induced infringement, invalidity, immediate and irreparable harm, balance of hardships, and the public interest factors.

The decision is significant in that it cleared the way for Alembic to launch a generic version of Otsuka’s multi-billion dollar blockbuster drug Abilify® after April 20, 2015.

This victory highlights Sterne Kessler’s broad expertise in all aspects of pharmaceutical patent litigation, including both technical and procedural aspects, and continues Sterne Kessler’s place among “”go-to”” firms for high stakes challenges to pharmaceutical patents.