Indivior Inc. et al v. Alvogen Pine Brook LLC (2-17-cv-07106, D.N.J.)
Represented Alvogen in a patent infringement and antitrust litigation regarding Indivior’s opioid dependency treatment drug Suboxone® Film. The court denied a motion for summary judgment directed to Alvogen’s antitrust claim directed to exclusionary rebating practices. The case is the first of its kind in the pharmaceutical industry where the antitrust plaintiff was able to avoid summary judgment.

Takeda Pharmaceutical Company Ltd. et al v. Norwich Pharmaceuticals Inc. (2:20-cv-08966, D.N.J.)
Represented Norwich in a patent infringement action involving 18 patents and over 400 patent claims regarding Takeda’s (previously Shire’s) brand lisdexamphetamine capsules, Vyvanse®.

Boehringer Ingelheim Pharm. Inc. et al. v. Mankind Pharma et al. (No. 18-cv-689-CAFC, D. Del.)
Obtained favorable settlement following expert discovery in patent litigation concerning multibillion-dollar treatments for diabetes. Led and defended multiple fact and expert depositions.

Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd. (1:16-cv-00139, CAFC)
For Alvogen, obtained a Federal Circuit decision affirming a trial verdict by the U.S. District Court for the District of Delaware (with Federal Circuit Judge William Bryson sitting by designation), that patents covering Zohydro® (hydrocodone extended-release capsules) were invalid. The decision removed the patents as a barrier to Alvogen bringing its lower-cost generic product to market more than a decade before the patents were set to expire.

Genzyme Corp. and Sanofi-Aventis US LLC v. Zydus Pharmaceuticals (USA) Inc. (1:16-cv-00540, D. Del., CAFC)
Represented Zydus Pharmaceuticals (USA) Inc. in a Hatch-Waxman patent infringement action involving a plerixafor injection marketed under the brand name Mozobil® for use in stem cell transplantation therapy. Dr. Reddy’s Laboratories and Teva Pharmaceuticals USA Inc. previously challenged the validity of the asserted patents in the U.S. District Court for the District of Delaware and lost at trial. The verdict was affirmed on appeal to Federal Circuit. Axinn developed novel invalidity arguments, relying on prior art references that the prior litigants failed to identify. After a four-day bench trial, the district court found the asserted patent claims valid.

Purdue Pharma LP et al. v. Alvogen Pine Brook LLC (No. 15-0687-TBD, Consolidated, D. Del.)
Represented Alvogen in a Hatch-Waxman patent litigation action against Purdue Pharmaceuticals and Grünenthal GmbH involving abuse-deterrent hydrocodone bitartrate extended-release tablets marketed as Hysingla® ER. Case settled favorably on the eve of trial.

Purdue Pharma L.P. v. Abhai, LLC (No. 16-25 (SLR), D. Del.)
Represented KVK Tech Inc. in connection with a patent infringement suit filed by Purdue Pharma and Grünenthal in connection with a proposed generic version of the blockbuster drug OxyContin®. Plaintiffs asserted multiple patents relating to an abuse-deterrent formulation of oxycodone and to oxycodone with improved purity. Obtained a favorable settlement agreement after extensive briefing and arguments relating to claim construction of multiple patents directed to abuse-deterrent formulations for opioid products.

DePuy Synthes Products, LLC v. Globus Medical, Inc. (No. 11-652-LPS, D. Del.)
Obtained a $16 million jury verdict on behalf of medical device maker DePuy Synthes Products LLC, a Johnson & Johnson company. Led the presentation of damages evidence, examined both parties' damages experts and multiple fact witnesses. The jury found that all asserted claims of three patents were valid and infringed, and awarded the full 15% royalty that DePuy Synthes requested.