Jayadeep R. Deshmukh’s practice focuses on complex intellectual property and patent infringement cases that include major Hatch-Waxman Act litigations. He regularly counsels international generic drug makers on product launches and defends clients against suits from brand-name manufacturers. Jay also serves as settlement and Food and Drug Administration (FDA) counsel for smaller generic pharmaceutical companies, where he has a successful track record prevailing in exclusivity matters against the Office of the Chief Counsel of the FDA.
Jay also has extensive experience working with the Federal Trade Commission and advising companies who seek patent litigation counsel in the European Union (E.U.), where he defends clients in more than 10 E.U. jurisdictions.
Prior to joining Kasowitz, Jay served as Senior Vice President of Global IP at Ranbaxy Laboratories, an international generic pharmaceutical company, where he was responsible for the creation of the company’s global intellectual property department. Including his Ranbaxy tenure, Jay has had significant experience handling Hatch-Waxman matters for the last 20 years.
- Zydus and Cadila Healthcare in a Hatch-Waxman patent infringement action involving a generic version of IMBRUVICA®.
- Zydus in two Hatch-Waxman patent infringement actions involving a generic version of INVOKANA® and INVOKAMET®.
- Ranbaxy Pharmaceuticals in a successful appeal before the Federal Circuit, vacating a preliminary injunction against Ranbaxy in a patent infringement action brought by multi-billion dollar companies Glaxo Group and Glaxo Wellcome (now Glaxo SmithKline). Ranbaxy launched the generic version of antibiotic CEFTIN, boasting $200 million in sales the first year.
- Ranbaxy Pharmaceuticals in securing a favorable settlement in a patent infringement lawsuit filed by pharmaceutical giant Pfizer involving LIPITOR®. Ranbaxy launched the first and exclusive generic LIPITOR drug, boasting $500 million in sales the first year.
- Apotex in securing a critical appellate victory in a patent infringement action brought by Aptalis concerning muscle relaxant AMRIX®. The Federal Circuit vacated the district court’s order stating Apotex infringed Aptalis’ patent. Apotex successfully launched the generic version of AMRIX®.
- Ranbaxy Pharmaceuticals in prevailing on appeal before the U.S. Court of Appeals for the D.C. Circuit over the FDA in a Hatch-Waxman proceeding in which Ranbaxy requested that the FDA relist a patent so it could exclusively market the associated drug. Ranbaxy sold $100 million of the generic version of high cholesterol drug ZOCOR.
- Ranbaxy Pharmaceuticals in obtaining a favorable settlement in a Hatch-Waxman action against pharmaceutical giant AstraZeneca, resulting in a six-month exclusivity period to sell the generic version of acid reflux drug Nexxium, the second most-sold pharmaceutical.