Fresenius Kabi USA LLC v. Fera Pharmaceuticals LLC et al.
A US District Court recently issued a preliminary injunction in favor of Fresenius Kabi, an Analysis Group client, which bars Fera Pharmaceuticals from launching a generic version of a Fresenius drug used to treat patients without a properly functioning thyroid. The court ruled that Fresenius would likely prevail in its patent infringement suit against Fera, and would suffer irreparable harm if the generic drug were allowed on the market while the litigation proceeded. Fresenius brought suit against Fera in 2015 for allegedly infringing on three of Fresenius's patents covering formulations of the drug.
Managing Principal John Jarosz led an Analysis Group team in the preparation of a rebuttal expert declaration. In the rebuttal, Mr. Jarosz examined whether the plaintiff likely would suffer irreparable harm in the absence of a preliminary injunction, and whether there was a causal nexus between the sales of Fresenius Kabi's products and the practice of the patented technology.