The AmLaw Litigation Daily recognized partners Sanjay Murthy, Mike Abernathy, and Will Peterson as Litigators of the Week for their appellate victory on behalf of Praxair. The partners prevailed before the US Court of Appeals for the Federal Circuit in a hard-fought battle that opens the door to generic competition for an expensive name-brand drug that provides life-saving treatment for newborns with severe breathing issues. As the profile notes, the August 27 appellate decision broke new ground as it was the first time so-called method of treatment claims have been held invalid under Section 101 of the Patent Act.
The decision will provide patients with access to the treatment they desperately need, and it gives patent challengers a powerful tool to invalidate suspect method of treatment claims under Section 101. Associate Julie Goldemberg played a key role in the appeal and was mentioned in the profile as well.