Victory. Allergan tapped Maddox Edwards attorneys for its first-to-file litigation over Beyaz® and Safyral®, pitted against industry giants Merck and Bayer and its reputed trial counsel, Bartlit Beck.
The deep experience and tenacity of our attorneys enabled them to unearth evidence of an invalidating offer for sale of the claimed invention. They knew where to look and what battles were worth fighting.
At trial, we protected our client from the district court’s eventual erroneous ruling by developing a record highlighting the primacy of the contemporaneous documentary evidence over the patentee’s contradictory trial testimony. We then used this record to persuade a unanimous Federal Circuit panel to reverse and invalidate the patents under the on-sale bar.
And then some. After securing complete victory for Allergan, Maddox Edwards moved for attorney’s fees based on litigation misconduct, specifically our opponents’ attempt to hide key evidence of the on-sale bar. Shortly after Judge Andrews heard the motion, our client and Merck settled the attorney fee dispute.
Results in the Hatch-Waxman arena come from the sustained focus of a team of experienced lawyers with the skill and tenacity to overcome inevitable obstacles and see your case through. That is precisely our approach at Maddox Edwards.