Press Release

Morgan Lewis Secures Trial Victory on Behalf of Praxair 11-Patent Infringement Case

September 06, 2017

CHICAGO, September 6, 2017: Morgan Lewis obtained a complete trial victory for Praxair, Inc. and Praxair Distribution, Inc. (collectively “Praxair”) in an 11-patent Abbreviated New Drug Application (“ANDA”) case filed by Mallinckrodt Hospital Products IP; INO Therapeutics LLC; and Ikaria, Inc. in the US District Court for the District of Delaware.

The case was originally filed in 2015 and the asserted Orange Book patents relate to INOMAX (inhaled nitric oxide), which is used to treat neonates suffering from hypoxic respiratory failure, and its related delivery device, the INOMAX DSIR. 

In an opinion issued on Tuesday, September 5, Judge Sleet ruled that six of the asserted patents were invalid under 35 U.S.C. § 101 and that the other five patents would not be infringed by Praxair’s ANDA application or its nitric oxide delivery system.     

The Morgan Lewis team was led by partners Mike Abernathy, Sanjay Murthy, and Jason White, with assistance from associates Jennifer Dienes, Maggie McGreal, Maria Doukas, Jesse Dyer, Julie Goldemberg, and Caroline Lourgos.