Jenner & Block Partners Gianni Servodidio and Rémi Jaffré were honored as The American Lawyer’s Litigators of the Week for securing a multi-court victory on behalf of MSN Pharmaceuticals, clearing the path for the launch of the first generic version of Entresto, a life-saving heart failure medication.
With support from Partner Adam Unikowsky and working alongside co-counsel Ron Daignault and Richard Juang of Daignault Iyer LLP, the team secured key rulings across multiple courts, which culminated in back-to-back denials by the Third Circuit and Federal Circuit of Novartis’s emergency motions to block MSN’s launch.
The litigation focused on Novartis’s efforts to delay generic competition through trade dress claims related to the pill’s size, shape, and color, as well as through patent litigation. In a rare outcome, the team convinced US District Judge Evelyn Padin to reverse her earlier ruling that had granted a preliminary injunction. Her final decision denied Novartis’s request and allowed MSN’s product to move forward.
This victory has wide-reaching implications for the generic drug industry. The court found that pill design elements can be functional, especially when linked to dosage clarity for patients, and therefore may not qualify for trade dress protection. This precedent may discourage future attempts by brand-name drugmakers to use trade dress as a strategy to extend exclusivity beyond patent expiration.
Patients now have earlier access to a more affordable version of a critical medication, and generic manufacturers have a stronger legal foundation to challenge similar tactics.
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