Kerry B. McTigue

Represented Kyowa Kirin, Inc. and Strakan International S.A. against Actavis Labs' attempt to make a generic version of Kyowa Kirin's SANCUSO® (granisetron) transdermal patch product. Following a bench trial, the judge ruled in our clients' favor on all contested issues and rejected the defendant's claims of non-infringement, invalidity, and unenforceability. Successfully argued on appeal with the Federal Circuit affirming the trial court decision without opinion.

Represented Apotex Inc. and Apotex Corp. in a patent infringement action concerning Apotex's ANDA to make a generic version of AstraZeneca's ONGLYZA® (Saxagliptin) oral tablet product. Case settled prior to trial.

Represented Apotex Inc. and Apotex Corp. in a patent infringement action concerning Apotex's ANDA to make a generic version of SPRIX® (Ketorolac Tromethamine) nasal solution. Case settled prior to trial.

Represented Endo Pharmaceuticals Inc. and Strakan International S.à r.l. against Watson Labs' attempt to make a generic version of Endo's FORTESTA® product. Following a bench trial, the judge ruled in our clients' favor on all contested issues and rejected the defendant's claims of non-infringement, invalidity, and unenforceability. Successfully argued on appeal with the Federal Circuit affirming the trial court decision.

Represented Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex's biosimilar applications to make biosimilar versions of Amgen's NEULASTA® and NEUPOGEN® products. We navigated Apotex through the Biologics Price Competition and Innovation Act's "patent dance," and in the first BPCIA case to go to trial, we obtained a verdict of noninfringement. This result was affirmed on appeal to the U.S. Court of Appeals for the Federal Circuit.

Served as lead discovery counsel for Wyeth's anti-depressant product EFFEXOR® (venlafaxine hydrochloride) in Wyeth's multi-district litigation defense.

Lead counsel on a patent infringement action regarding Sandoz's ANDA to make a generic version of Alcon's eye allergy product Pataday®, the active ingredient of which is olopatadine hydrochloride. Kerry led the negotiations which successfully settled this matter.

Lead counsel for Novartis Inc. in a third-party subpoena defense against branded pharmaceuticals. Kerry successfully litigated all discovery dispute matters and on January 19, 2012 the Judge entered judgment in favor of the Defendants and ordered the case closed.

Lead counsel in a patent infringement action regarding Sandoz's ANDA to make a generic version of Pfizer's antifungal medication VFEND®, the active ingredient of which is voriconazole. Kerry led the negotiations which successfully settled this matter.

Lead counsel for Sandoz Inc. in a patent infringement action regarding Sandoz's ANDA to make a generic version of Abbott's cholesterol medication TRILIPIX® (fenofibric acid). Kerry led the negotiations which successfully settled this matter.

Led the transition team that represented the Graduate School's privatization from the U.S. Department of Agriculture. This transaction involved the transfer of all of the assets of the school to a nonprofit entity while maintaining the school's education mission.

Lead trial counsel for Sandoz Inc. in a patent infringement action regarding Sandoz's ANDA to make a generic version of Endo's pain product OPANA® ER (oxymorphone hydrochloride). The case settled on favorable terms during trial.