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Simpson Thacher Wins Summary Judgment in Favor of Daiichi Pharmaceutical Co.

03.17.06

Summary judgment has been granted in favor of Simpson Thacher client, Daiichi Pharmaceutical Co., Ltd. finding that Daiichi's patent on the blockbuster multi-billion dollar antibacterial drug Levaquin (levofloxacin) is valid and enforceable. The patent had been challenged by Teva Pharmaceuticals, a major generic company. Judge Garrett Brown of the US District Court for the District of New Jersey issued a 14-page opinion today rejecting Teva's challenge to the Daiichi patent on the ground of inequitable conduct. This was the last remaining US challenge to Daiichi's levofloxacin patent, the firm having successfully defeated Mylan Pharmaceuticals' challenge after a two-month trial and a summary affirmance by the Federal Circuit. The firm continues to represent Daiichi in similar litigation in Canada and in the inevitable appeal from today's ruling.

The Simpson Thacher Daiichi team includes Partners Hank Gutman, Bob Bourque, Buzz Frahn, Associates Noah Leibowitz, Amy Semet, and paralegals Lea Levy and Dan O'Neil.