Sterne Kessler Wins $9.5 Million Jury Verdict for Mallinckrodt Pharmaceuticals in Patent Suit

WASHINGTON--(BUSINESS WIRE)--Sterne, Kessler, Goldstein & Fox won a $9.5 million jury verdict on behalf of Mallinckrodt Pharmaceuticals in a patent infringement lawsuit filed in the U.S. District Court for the District of Delaware over Mallinckrodt’s INOmax (nitric oxide for inhalation) drug product and associated nitric oxide delivery device.

Mallinckrodt first brought suit under the Hatch-Waxman Act against Airgas Therapeutics in 2022, arguing that Airgas’s Abbreviated New Drug Application for a generic version of INOmax as well as Airgas’s nitric oxide delivery device infringed on Mallinckrodt’s patents. In 2023, Airgas obtained FDA approval to commercially sell its generic drug product in the United States and subsequently began commercial activity. The Delaware jury found that Airgas infringed all seven asserted claims of the three patents and that Airgas’s infringement was willful. The jury awarded $9.5 million in damages for Airgas’s at-risk launch.

The Sterne Kessler team representing Mallinckrodt was led by director Dennies Varughese. Director Deirdre Wells served as lead trial counsel, delivering opening statements and closing arguments. They were joined by:

• Directors Adam LaRock, Dan Block, Jonathan Tuminaro, Will Milliken, and Chris O’Brien;
• counsel Sasha Rao and Christina Dashe;
• associates Alex Alfano, David Wang, and Ryan Conkin;
• and student associate Justin Wang.

The case is Mallinckrodt Pharmaceuticals Ireland Ltd. et al. v. Airgas Therapeutics LLC et al. (D. Del., 1:22cv01648).

About Sterne, Kessler, Goldstein & Fox

Based in Washington, D.C. and renowned for more than four decades for dedication to the protection, enhancement, and enforcement of intellectual property rights, Sterne, Kessler, Goldstein & Fox is one of the most highly regarded intellectual property specialty law firms in the world. Its team of attorneys, registered patent agents, technical specialists, specialized trademark paralegals, and law clerks include some of the country’s most respected practitioners of IP law, tackling innovations across a broad spectrum of industries. The firm’s practitioners represent Fortune 500 companies, entrepreneurs, start-ups, inventors, venture capital firms, and universities in a client service driven environment that is welcoming, inclusive, and intellectually stimulating. Visit the firm online at sternekessler.com.