Scott McBride, Nevin Gewertz, and Faye Paul Teller win ANDA trial for Bayer and Endo Pharmaceuticals
Scott McBride, Nevin Gewertz, and Faye Paul Teller won a complete trial victory for Bayer and Endo Pharmaceuticals in ANDA litigation over Endo’s testosterone undecanoate intramuscular injection Aveed®. Aveed® is the first FDA-approved long-acting testosterone replacement therapy injectable. Defendant Custopharm, Inc. sought to market a generic version of Aveed® and challenged as obvious two patents covering Aveed®’s unique composition and dosing regimen. After a bench trial, Judge Sue Robinson of the District of Delaware issued a memorandum opinion and order finding that Custopharm, Inc. had failed to show that the patents covering Aveed® were invalid as obvious.
Read the full opinion here.