Milbank, Tweed, Hadley & McCloy LLP has successfully represented plaintiffs, Orexo AB and Orexo US, Inc. (collectively, “Orexo”) in a patent infringement lawsuit against Actavis relating to patents that cover Orexo’s Zubsolv® product. Zubsolv® is a sublingual tablet that is used to treat adults who are addicted to opioid drugs (either prescription or illegal).
In May 2014, Actavis advised Orexo that it filed an Abbreviated New Drug Application with the FDA seeking approval to market a generic version of Zubsolv® before the expiration of patents that cover the product and its method of use. Orexo filed suit in the US District Court for the District of Delaware. The five-day bench trial took place in June of this year with post-trial briefing completed in August. On November 15, US District Judge Sue L. Robinson held that Actavis had infringed an Orexo patent, a ruling which will delay Actavis from commercializing its product at least until September 2019 when the infringed patent expires. Judge Robinson also held that a second patent was invalid. Orexo is considering whether to appeal that holding.
Milbank continues to represent Orexo in several other cases involving other Zubsolv® patents which are pending against Actavis.
Milbank’s team is led by Litigation partners Errol Taylor and Fredrick Zullow, along with Litigation associates Ryan Hagglund, Anna Brook, Nangah Tabah, Jenny Shum, Jordan Markham, and Kyanna Lewis.
