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Ruling for Baker Botts Client Pozen, Patents Covering VIMOVO Infringed by Proposed Generics

AUSTIN, June 29, 2017 - Baker Botts L.L.P., an international law firm, is pleased to announce the United States District Court for the District of New Jersey issued a ruling in favor of firm client Pozen Inc., a subsidiary of Aralez Pharmaceuticals Inc., in a patent infringement suit. The Court upheld the validity of two patents covering Pozen’s VIMOVO® drug product, finding the defendants failed to prove that the asserted patents are invalid. 

“Following a six day bench trial, the District Court issued a memorandum opinion resolving all remaining infringement disputes in plaintiffs’ favor and finding that defendants had failed to show that the asserted patents are invalid,” said Baker Botts Intellectual Property partner Steve Hash. “The Court's judgment will prevent the defendants from launching generic versions of VIMOVO® in the United States until at least after the expiration of Pozen’s asserted patents.” 

VIMOVO®, an arthritis pain reliever, was invented by Pozen and is marketed by Pozen’s exclusive licensee Horizon Pharma plc. Beginning in 2011, multiple companies filed applications with the FDA to sell generic copies of VIMOVO®. Pozen and Horizon filed suit in the District of New Jersey against the companies, asserting that the generic products infringed Pozen’s patents. In response, the defendants argued that Pozen’s patents are invalid or not infringed. 

Baker Botts Intellectual Property lawyers representing Pozen Inc., were Intellectual Property lawyers Steve Hash and Jeff Gritton of the firm’s Austin office. Baker Botts tried the case along with Horizon’s counsel from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP and Cooley LLP. 


Baker Botts is an international law firm of approximately 650 lawyers practicing throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology, and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit


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