Venable Fitzpatrick Defeats Petition for Appeal to U.S. Supreme Court, Locking in Win for Nalpropion

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Venable Fitzpatrick successfully opposed a petition for a writ of certiorari to the United States Supreme Court filed by Actavis Laboratories, securing a significant victory for Venable Fitzpatrick’s client, Nalpropion Pharmaceuticals.  Nalpropion’s patent covers its largest-selling product, Contrave, used to treat overweight or obesity.  Actavis’s argument that a “new” standard was applied to the validity analysis of Nalpropion’s patent was summarily rejected by the Court. The Supreme Court’s decision means that Actavis will be prevented from launching its generic product until February 2030, when the ’195 patent expires.

Nalpropion was represented by Dominick Conde, Chris Borello, Josh Calabro, and Zachary Garrett.

The case was covered by Law360 and Bloomberg Law