Merck Wins Patent Infringement Suit Against Xellia Pharmaceuticals

On July 1, 2015, Kramer Levin client Merck Sharp & Dohme Corp. won its patent infringement suit against Xellia Pharmaceuticals. U.S. District Judge Richard G. Andrews ruled that Xellia Pharmaceuticals ApS and Xellia Pharmaceuticals, Inc.’s generic version of the anti-fungal medication Cancidas® infringes Merck’s U.S. Patent Number 5,952,300. The court held that Xellia will induce and contribute to infringement because its proposed label instructs health care professionals to make the claimed composition and because, based on the court's ruling, Xellia will know that doing so will directly infringe the patent. Shortly after suit was filed, Xellia stipulated to the validity of the ’300 patent.

The Kramer Levin team consisted of Intellectual Property partners Brian V. Slater and Gregory B. Sephton, and Intellectual Property associates Marcus A. Colucci and Anna Schoenfelder.