In the complaint, Jazz reveals that Teva informed the company no earlier than July 15, 2024, of its stance that Jazz’s patent claims are either invalid or not infringed by Teva’s proposed product. Jazz is demanding a court judgment affirming patent infringement, an order delaying the FDA approval of Teva’s product until after the patent’s expiration, and both preliminary and permanent injunctions against Teva’s production and sale of the generic drug. Additionally, Jazz seeks damages and reimbursement for legal fees.
Legal Representation and Next Steps
Charles M. Lizza, William C. Baton, Sarah A. Sullivan, and Alexander L. Callo of Saul Ewing LLP represent Jazz Pharmaceuticals in this case. At the time of the filing, Teva’s legal counsel information was not immediately available.
The outcome of this lawsuit could significantly impact the availability of generic versions of Xywav and set a precedent for patent disputes in the pharmaceutical industry.
