Janssen Pharmaceutica N.V., et al. v. Eon Labs Manufacturing, Inc.
Economic Advice in Litigation
The Situation
Janssen requested that the Court grant a preliminary injunction to prohibit Eon from launching a generic version of the antifungal product itraconazole prior to a resolution of the associated patent dispute between Janssen and Eon.
NERA's Role
NERA Special Consultant Dr. Richard Rozek submitted a declaration on behalf of the plaintiffs in which he identified the elements of harm to both Janssen and Eon, assessed the magnitude of the harm to Janssen in light of Eon's ability to pay a damage award, balanced the harm to Janssen against any harm to Eon from delaying its launch, and, ultimately, determined that the public interest would be served by an injunction.
The Result
On March 29, 2004, the United States District Court for the Eastern District of New York granted a Temporary Restraining Order prohibiting Eon from selling a generic version of Janssen's product Sporanox (itraconazole).
