Miller and Kang Victorious in Patent Infringement Trial

August 3, 2018 | Intellectual Property

Gregory Miller and Gene Kang, along with co-counsel from Katten Muchin Rosenman LLP, secured a major victory on behalf of Sun Pharma in a patent infringement (Hatch Waxman) trial in the District of New Jersey in connection with Sun’s generic omeprazole product.  The Dexcel Plaintiffs alleged that Sun’s omeprazole product infringed their patent because it did not contain a functional intermediate layer.  After three days of trial and a blistering cross-examination of Dexcel’s primary expert, and likely facing exposure to attorney fees as an exceptional case, Dexcel agreed not to proceed with its direct case and capitulated to a judgment of non-infringement.

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