Milbank secured an important victory in the US Court of Appeals for the Federal Circuit for Tris Pharma, Inc., in a lawsuit against Actavis on patents that cover Tris’s Quillivant XR® product. Quillivant XR® is the first liquid long-acting treatment for ADHD (Attention Deficit and Hyperactivity Disorder). The appellate court vacated the district court’s opinion invalidating three Tris patents. The patents protect Quillivant XR® through 2031.
In 2014, Actavis advised Tris that it was seeking FDA approval to immediately market a generic version of Quillivant XR®. Tris filed suit and a bench trial was completed in February 2017. In September 2017, the court held that the asserted patents were invalid.
Tris appealed portions of the district court judgment relating to three patents. On November 20, 2018, the appellate court vacated the district court’s decision “[b]ecause [the] district court’s obviousness decision lacks the requisite fact-finding, and because the district court erred in rejecting Tris’s evidence of objective indicia of nonobviousness ….”
The Milbank team representing Tris is led by Litigation partners Errol Taylor and Fred Zullow, along with Litigation associates Anna Brook, Jordan Markham, Kyanna Lewis Sabanoglu and Venus Allahyarzadeh.
