Auxilium Pharmaceuticals v. Upsher-Smith Laboratories

Lead defense counsel for Upsher-Smith Laboratories in a Hatch-Waxman patent infringement case in which we obtained a summary judgment of non-infringement of 10 patents claiming a transdermal testosterone gel and method of treating hypogonadism before Judge Sue Robinson of the Federal District Court in Delaware. The opinion was filed on December 4, 2013. The technology related to claimed macrocyclic penetration enhancers for increasing the rate of passage of an androgen through the skin. We were successful in demonstrating to the Court that the case warranted an exception to the Court’s ordinary practice of declining to hear summary judgment motions in Hatch-Waxman cases.

*Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.