Defended Upsher-Smith in Hatch-Waxman Litigation Involving Isotretinoin Capsules

Allowing for Commercial Launch Three Months before Orange Book-Listed Patents’ Expiration Date

September 4, 2020

Galephar Pharmaceutical et al. v. Upsher-Smith Laboratories, LLC

Robins Kaplan LLP served as lead counsel to Upsher-Smith in Hatch-Waxman patent litigation in the District of New Jersey brought by Galephar Pharmaceutical Research, Inc., Cipher Pharmaceuticals Inc., and Sun Pharmaceutical Industries, Inc. asserting infringement of five patents covering Absorica® (Isotretinoin) Capsules.

The case settled on September 4, 2020. Upsher-Smith announced the launch of its Isotretinoin Capsules on June 25, 2021, nearly three months before the Orange Book-listed patents’ expiration date.

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.

Jake M. Holdreith


Managing Partner, Minneapolis Office
Member of Executive Board

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