Kali Laboratories

We represented Kali Laboratories in a Hatch-Waxman patent infringement dispute brought by Valeant Pharmaceuticals North America in the U.S. District Court for the District of New Jersey.  Valeant alleged that Kali's generic version of Valeant's anti-epileptic drug, Diastat, would infringe its patent directed to pharmaceutical gel formulations for treating epileptic seizures. Kali counterclaimed for a declaratory judgment that the asserted claims were not infringed, were invalid and unenforceable.  The settlement provided for a fully paid, royalty-free license to Kali to market generic versions of the branded Diastat and Diastat AccuDial products beginning three years prior to the expiration of Valeant's patent.

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