Man in violation of privacy law

Breaking news and expert analysis on legal and compliance issues

[Back To Home][Back To Archives]

From Antitrust Law Daily, May 25, 2016

Apotex, Senju Pharmaceutical settle generic pay-for-delay action

By Greg Hammond, J.D.

The federal district court in Wilmington, Delaware, has dismissed with prejudice a pay-for-delay suit concerning the low-cost generic drug gatifloxacin ophthalmic. Plaintiffs Apotex, Inc. and Apotex Corp. reached a settlement agreement with Senju Pharmaceutical Co., Ltd., according to the stipulated order of dismissal (Apotex, Inc. v. Senju Pharmaceutical Co., Ltd., May 24, 2016).

Kyorin Pharmaceutical Co. developed Zymar® and Zymaxid®—gatifloxacin ophthalmic formulations used to treat bacterial infections of the eye. Kyorin subsequently entered into a license agreement with Senju Pharmaceutical Co. that allowed Senju to develop and market liquid ophthalmic formulations of gatifloxacin. Senju filed patent applications naming itself as the only inventor.

After generic drug manufacturer Apotex, Inc. filed its Abbreviated New Drug Applications (ANDAs) for generic versions of branded Zymar and Zymaxid, Senju and Kyorin initiated several patent infringement actions. Apotex subsequently filed its own action, alleging that the patent infringement suits were shams and asserted violations of Section 2 of the Sherman Act. In particular, Apotex claimed that Senju used the related proceedings and other alleged anticompetitive conduct to unlawfully delay and frustrate Apotex’s entry into the market for gatifloxacin ophthalmic solutions, thereby denying consumers access to its low-cost generic gatifloxacin ophthalmic product.

Although the court dismissed all claims and counterclaims brought by Apotex and Senju, the claims that Apotex asserted against the nonsettling defendants, including Kyorin and Allergan Inc., remain.

The case is No. 1:12-cv-00196-SLR.

Attorneys: Stephen B. Brauerman (Bayard, P.A.) for Senju Pharmaceutical Co., Ltd. Francis J. Murphy (Murphy & Landon) for Apotex Inc. and Apotex Corp. Benjamin J. Schladweiler (Ross Aronstam & Moritz LLP) and Eric P. Stephens (Jones Day) for Kyorin Pharmaceutical Co. Ltd. Ashley E. Johnson (Gibson, Dunn & Crutcher LLP) and Jack B. Blumenfeld (Morris, Nichols, Arsht & Tunnell LLP) for Allergan Inc.

Companies: Apotex, Inc.; Apotex Corp.; Senju Pharmaceutical Co., Ltd.; Kyorin Pharmaceutical Co., Ltd.; Allergan, Inc.

MainStory: TopStory Antitrust DelawareNews

Back to Top

Antitrust Law Daily

Introducing Wolters Kluwer Antitrust Law Daily — a daily reporting service created by attorneys, for attorneys — providing same-day coverage of breaking news, court decisions, legislation, and regulatory activity.


A complete daily report of the news that affects your world

  • View full summaries of federal and state court decisions.
  • Access full text of legislative and regulatory developments.
  • Customize your daily email by topic and/or jurisdiction.
  • Search archives for stories of interest.

Not just news — the right news

  • Get expert analysis written by subject matter specialists—created by attorneys for attorneys.
  • Track law firms and organizations in the headlines with our new “Who’s in the News” feature.
  • Promote your firm with our new reprint policy.

24/7 access for a 24/7 world

  • Forward information with special copyright permissions, encouraging collaboration between counsel and colleagues.
  • Save time with mobile apps for your BlackBerry, iPhone, iPad, Android, or Kindle.
  • Access all links from any mobile device without being prompted for user name and password.