In a legal crescendo that resonated through a New Jersey federal courtroom, U.S. District Judge Michael E. Farbiarz delivered a resounding dismissal of allegations against Jazz Pharmaceuticals.
The pharmaceutical giant faced claims challenging the enforceability of 19 patents linked to its epilepsy treatment, Epidiolex. The lawsuit, propelled by InvaGen Pharmaceuticals, Cipla, and API Pharma Tech LLC, alleged deceptive practices in securing patents, but the judge’s ruling cut through the legal cacophony.
The legal overture began with InvaGen, its parent company Cipla, and API Pharma Tech LLC asserting inequitable conduct, accusing Jazz Pharmaceuticals’ predecessor of providing false information to the U.S. Patent and Trademark Office (USPTO). The claim contended that the company misrepresented itself as a small entity to benefit from fee breaks, reserved for entities with fewer than 500 employees.
NJ Judge Clears Jazz Pharmaceuticals in Epidiolex Suit
Judge Farbiarz orchestrated a meticulous review of the numbers presented by InvaGen and its co-plaintiffs, ultimately concluding that the math didn’t align with their contentions. The judge emphasized that, during the relevant timeframe, Jazz Pharmaceuticals had an average of about 490 employees per month, which fell below the small entity threshold.
