Shire LLP v. Corepharma LLP Decision

July 14, 2009, Haug Partners (formerly known as Frommer Lawrence & Haug LLP) obtained a favorable settlement on behalf of its client, Shire LLP (“Shire”). The settlement put to end a years-long litigation with Corepharma LLP (“Corepharma”) in connection with Corepharma’s Abbreviated New Drug Application and its attempt to market generic versions of Shire’s Carbatrol® for the treatment of epilepsy and trigeminal neuralgia.

Shire initiated the lawsuit under the Hatch-Waxman Act in 2006 in the U.S. District Court for the District of New Jersey for infringement of Shire’s U.S. Patent Nos. 5,326,570 (“the ’570 patent”) and 5,912,013 (“the ’013 patent”). Shire defeated Corepharma’s successive motions for summary judgment of noninfringement of the ’570 patent.

As part of the settlement, Corepharma confirmed that the claims of the ’570 patent are valid and enforceable, and that Corepharma’s proposed generic products infringe Shire’s ’570 patent.

Haug Partners (formerly Frommer Lawrence & Haug) has successfully represented Shire in litigations concerning the ’570 patent since 2003, obtaining favorable settlements for Shire against two companies attempting to market generic versions of Carbatrol ®. Haug Partners (formerly Frommer Lawrence & Haug) continues to represent Shire in ongoing litigations concerning Carbatrol® in the Southern District of New York and the District of New Jersey.