Settlement Negotiations Resolve Record-Setting Bond Proceedings

During the Spring of 2018, after trial victories invalidating three AstraZeneca patents, Forge IP took part in extensive settlement negotiations on behalf of Apotex to bring a damages trial relating to its generic budesonide inhalation suspension products to a successful resolution.

AstraZeneca originally filed suit against Apotex, alleging infringement of two dosing method patents and a formulation patent relating to the drug Pulmicort Respules. AstraZeneca initially obtained a preliminary injunction that prohibited the launch of Apotex’s generic version of the popular asthma drug, and several hundred million dollars in bonds were secured for Apotex’s lost sales during the term of the injunction. After all three patents were ultimately invalidated at trial and the Court of Appeals for the Federal Circuit, Apotex sought to collect on these bonds in a damages trial. After successful negotiations, the parties executed a settlement agreement, avoiding the need for trial.

Forge IP is well-versed in both Paragraph IV and non-Paragraph IV pharmaceutical patent litigation. For just a few examples, please take a look at our Hatch-Waxman Disputes.

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