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Welsh & Katz Successfully Represents Apotex, Inc. in Federal Circuit Court Decision Against Daiichi

CHICAGO--(BUSINESS WIRE)--Jul 12, 2007 - The U.S. Court of Appeals for the Federal Circuit issued a decision on July 11, 2007 that Daiichi Sankyo Co.'s patent (U.S. Patent No. 5,401,741) covering a method for treating bacterial ear infections by topically administering the antibiotic ofloxacin into the ear is invalid. The Court's decision reverses a lower court ruling that had upheld Daiichi's patent. With the decision, Apotex is cleared to manufacture a generic ofloxacin ear drop to treat ear infections.

Apotex was represented by Robert B. Breisblatt, who argued the appeal on the company's behalf. With him on the brief were A. Sidney Katz, Julie A. Katz, Philip D. Segrest, Jr., and Michael A. Krol, all with Welsh & Katz. Of counsel on the brief was Steven Gerber of Adorno & Yoss, LLP. The Federal Circuit decision: Daiichi Sankyo Co., Ltd. (f/k/a Daiichi Pharmaceutical Co., Ltd.) and Daiichi Sankyo, Inc. (f/k/a Daiichi Pharmaceutical Corporation) v. Apotex, Inc. and Apotex Corp., 2006-1564.

Apotex, the Canadian generic manufacturer, filed its appeal after the U.S. District Court for the District of New Jersey ruled that the Daiichi patent was valid and enforceable. Welsh & Katz also represented Apotex during the trial in the lower court.

This is Apotex's second successful appellate court decision in the past five months. Earlier this year, the Court of Appeals for the Federal Circuit issued a decision that Pfizer Inc.'s patent (U.S. Patent No. 4,879,303) covering amlodipine besylate is invalid. Amlodipine besylate is the active ingredient in Norvasc. The Federal Circuit decision: Pfizer, Inc. v. Apotex, Inc. 2006-1261. Apotex also was represented by Welsh & Katz during its trial with Pfizer.

In each case, Apotex undertook to prove that the asserted patent's claims would have been obvious to someone with ordinary skill in the field. In each instance, the Federal Circuit agreed.

Welsh & Katz, Ltd. is a full-service intellectual property law firm known for its impressive track record of success and the breadth of its international practice. The Firm focuses on obtaining patents, trademarks and copyrights; intellectual property litigation; protecting trade secrets; product anti-counterfeiting; clearance opinions; and licensing transactions. Additional information about the firm is available at WWW.WELSHKATZ.COM.


For Welsh & Katz:
Matthew G. Sherman, 312-655-1500

Posted: July 2007