-

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:

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.

Contacts

Kimberly Doughty
Senior Marketing Manager
kdoughty@sternekessler.com

Sterne, Kessler, Goldstein & Fox


Release Versions

Contacts

Kimberly Doughty
Senior Marketing Manager
kdoughty@sternekessler.com

More News From Sterne, Kessler, Goldstein & Fox

Sterne Kessler Announces Three New Directors in 2026

WASHINGTON--(BUSINESS WIRE)--Sterne, Kessler, Goldstein & Fox proudly announces the election of three new directors effective January 1, 2026. The newly promoted directors are Brian Dudley, Brady Gleason, and Melissa Haapala. “These newly promoted directors truly exemplify the values and vision of Sterne Kessler,” stated Managing Director Byron L. Pickard. “Their dedication to our clients and their expertise and collaborative spirit have strengthened our firm, and we are honored to recogniz...

Sterne Kessler Elects Byron Pickard as Managing Director

WASHINGTON--(BUSINESS WIRE)--Sterne, Kessler, Goldstein & Fox announced today that Byron L. Pickard will serve as the firm’s new Managing Director. He succeeds Michael B. Ray, who has served as Managing Director of the firm since 2007 and will now assume the role of firm Chair. Pickard, who has served on the firm’s Executive Committee for the last six years, will work closely with Ray and firm leadership on strategic initiatives to further strengthen Sterne Kessler’s market position as a le...

Former Deputy Chief Administrative Patent Judge Jackie Wright Bonilla Joins Sterne Kessler

WASHINGTON--(BUSINESS WIRE)--Sterne, Kessler, Goldstein & Fox announced today that Jacqueline (Jackie) D. Wright Bonilla, former Deputy Chief Administrative Patent Judge at the Patent Trial and Appeal Board (PTAB), has joined the firm as a director in the Biotechnology & Chemical and Trial & Appellate Practice Groups. Bonilla brings over a decade of experience at the PTAB, as well as her service in a variety of senior positions at the U.S. Patent and Trademark Office (USPTO), includ...
Back to Newsroom