The big wins have piled up recently for Winston & Strawn’s intellectual property team. In April, Winston’s James Hurst won a 9-0 ruling for client Caraco Pharmaceutical Laboratories Ltd. at the U.S. Supreme Court in a case that opens a new pathway for generic drug companies to challenge the accuracy of patent information name-brand companies give to the U.S. Food and Drug Administration. The defeat of Danish name-brand pharmaceutical firm Novo Nordisk A/S was just one of a string of wins for generic drug companies.
Hurst also scored a victory for client Sun Pharmaceutical Industries. In 2010, the U.S. Court of Appeals for the Federal Circuit invalidated a patent on one of Eli Lilly and Co.’s highest-selling cancer drugs, known as Gemzar. The court agreed with Sun’s argument that Lilly had engaged in “double-patenting.” Last May, the Supreme Court denied Lilly’s cert petition in the case.
