Jenner & Block Team Recognized as The American Lawyer's Litigators of the Week for Generic Drug Victory in Trade Dress Case
Recognition
July 25, 2025
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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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Recognition
July 25, 2025
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.
Related Lawyers
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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