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Morgan Lewis Secures Appellate Victory on Behalf of Praxair in 10-Patent Infringement Case

August 27, 2019

CHICAGO, August 27, 2019: Morgan Lewis obtained a complete appellate victory for Praxair Inc. and Praxair Distribution Inc. (collectively Praxair) before the US Court of Appeals for the Federal Circuit in a 10-patent abbreviated new drug application (ANDA) case filed by Mallinckrodt Hospital Products IP, INO Therapeutics LLC, and Ikaria Inc.

The case, filed in the US District Court for the District of Delaware in 2015, concerned Orange Book patents related 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 his 2017 opinion, US District Court Judge Gregory Sleet ruled that five of the asserted patents were invalid under 35 USC §101 and that six others would not be infringed by Praxair’s ANDA application or its nitric oxide delivery system. Mallinckrodt appealed the ruling regarding 10 of the 11 asserted patents.

In an August 27 decision, the Federal Circuit upheld Judge Sleet’s rulings of invalidity and non-infringement.

Morgan Lewis partners Mike Abernathy, William Peterson, Sanjay Murthy, and Jason White led the appellate team representing Praxair, with assistance from associate Julie Goldemberg.