Jenner & Block

Firm Wins Appellate Victory for Hospira in Patent Infringement Action

Jenner & Block achieved a victory for client Hospira, Inc. in a patent infringement action brought against it by The Medicines Company, when the Federal Circuit Court of Appeals invalidated two patents.  The case involved Hospira's Abbreviated New Drug Applications (ANDAs) to the FDA.  Those applications sought approval to commercially manufacture, use or sell a generic version of a bivalirudin drug product to be used as an injectable anticoagulant for angioplasty before the expiration of The Medicines Company’s patents. 

In its decision, the court states that “this is not a case where the inventors have requested another entity’s services in developing products embodying the invention without triggering the on-sale bar…the batches were prepared for commercial exploitation.”  The ruling now clears the path for Hospira to launch a generic version of the popular anti-coagulant drug, Angiomax.

This win follows Hospira’s victory before the US District Court of the District of Delaware.  The bench trial ended in September 2013.  In March 2014, US District Judge Richard Andrews found that our client did not infringe the two patents at issue, either literally or under the doctrine of equivalents.

Bradford P. Lyerla argued the appeal in March.  In addition to Sara Tonnies Horton and him, other members of the team included Partner Aaron A. Barlow and Associates Yusuf Esat and Chad J. Ray.