Representative Cases

Brinks Hofer Gilson & Lione successfully defended Sandoz Inc. against motions for temporary restraining order (TRO) and preliminary injunction filed by Abbott Labs and Astellas Pharma over patents relating to a polymorph of crystalline cefdinir, an antibiotic also sold as Omnicef, Abbott's $600 million general antibiotic often used in treating respiratory and bacterial infections. Abbott sought to enjoin Sandoz from marketing cefdinir based on U.S. 4,935,507.

U.S. District Judge Wayne R. Andersen denied Abbott's motion holding that x-ray crystallography demonstrated that a substantial question existed as to whether Sandoz's particular crystalline form of cefdinir was covered by Abbott's patent.