August 19, 2022

Milbank Wins Patent Validity and Infringement Trial Victory for Tris Pharma


Milbank LLP secured an important trial win on behalf of Tris Pharma, Inc. in the District of New Jersey in a lawsuit against Teva Pharmaceuticals USA, Inc. (“Teva”) on patents that cover Tris’s QuilliChew ER® product. QuilliChew ER® is the first long-acting chewable tablet for the treatment of ADHD (Attention Deficit and Hyperactivity Disorder), and the first extended-release chewable tablet of any drug.

In 2020, Teva advised Tris that it was seeking FDA approval to immediately market a generic version of QuilliChew ER®. Tris filed suit and a bench trial was completed in May 2022.

On August 16, 2022, the district court ruled for Tris on both validity and infringement. Specifically, the district court found that certain asserted claims are not invalid and that Teva directly infringes these claims. This ruling will delay Teva from commercializing its generic version of QuilliChew ER® until at least 2033, when the infringed patents expire.

The Milbank team representing Tris was led by Litigation & Arbitration partners Errol Taylor, Lauren Drake, and John Lu and associates Jordan Fernandes, Monica Arnold, Chris Lynch, and Monica Grover, as well as Nelly Seegopaul, Greg Holland, Karina Chavarria, Samantha Gamble, Marcin Grabysz, Bill Ma, and James McGuire.