King and Aventis Pharma win injunction against Lupin, barring generic competition of high blood pressure and heart treatment drug Altace®
Clients King Pharmaceuticals, Inc.
Working with counsel for co-plaintiff Aventis Pharma, Jones Day successfully protected King Pharmaceuticals, Inc.'s biggest product from generic competition. King is the exclusive licensee of Aventis Pharma's patent covering ramipril, an ACE-inhibitor marketed under the brand name Altace® and used to treat high blood pressure and other cardiac-related ailments. U.S. sales of Altace in 2005 exceeded $800 million. The court first granted summary judgment on the issue of infringement under the doctrine of equivalents and then, after a bench trial, it found the patent valid and rejected defendants' infringement defenses. The court issued an injunction barring defendants from making, using, offering to sell or selling its proposed generic drug in the U.S. until the patent licensed to King expires in 2008.
Aventis Pharma Deutschland GmbH and King Pharmaceuticals, Inc. v. Lupin Ltd. and Lupin Pharmaceuticals, Inc., No. 2:05-CV-421 (E.D. Va.)