Conly S. Wythers

Conly S. Wythers is an associate at Rakoczy Molino Mazzochi Siwik LLP.

Litigation

Mr. Wythers’ practice focuses on intellectual property litigation, with emphasis on patent infringement suits arising under the Hatch-Waxman Amendments to the Federal Food, Drug, and Cosmetic Act. He has also represented companies in various other matters, including antitrust, breach of contract, and trade secret.

Mr. Wythers has experience representing clients in proceedings before U.S. district courts and the Federal Circuit. He has been involved in all stages of litigation – from initial counseling through trial and appeal, including extensive involvement in fact and expert discovery, defending and taking depositions, claim construction, motions practice, and brief writing.

Mr. Wythers has technical experience in a wide range of pharmaceutical products and technologies, including inhalants, injectables, ophthalmics, solid oral dosage forms, and a variety of topical dosage forms.

Representative Matters

AstraZeneca LP et al. v. Breath Ltd. et al. (D.N.J.) (Fed. Cir.): Represented Breath/Watson in a Hatch-Waxman litigation concerning patents related to Pulmicort Respules®, a nebulized glucocorticosteroid suspension. Was part of trial and appellate team that obtained decision in favor of Breath finding all asserted claims not infringed and/or invalid.

Merck Sharp & Dohme Corp. (f/k/a Schering Corp.) v. Apotex Inc. et al. (D.N.J.): Represented Apotex in a Hatch-Waxman litigation concerning patents related to Nasonex®, an anti-inflammatory corticosteroid nasal spray. Was part of trial team that obtained decision in favor of Apotex finding all asserted claims not infringed.

Eli Lilly & Co. et al. v. Perrigo Co. et al. (S.D. Ind.) : Represented Perrigo in a Hatch-Waxman a Hatch-Waxman litigation concerning patents related to Axiron®, a testosterone topical solution.

Kowa Co., Ltd. et al. v. Mylan, Inc. et al. (S.D.N.Y.): Represented Mylan in a Hatch-Waxman litigation concerning patents related to Livalo®, an oral statin product.

AMAG Pharmaceuticals, Inc. v. Sandoz Inc. (D.N.J.): Represented Sandoz in a Hatch-Waxman litigation concerning patents related to Feraheme®, an intravenous (IV) iron replacement product.

Prime European Therapeuticals, S.P.A. v. Novel Laboratories, Inc. et al. (D.N.J.): Represented Lupin in a litigation concerning patents related to rifaximin involving, inter alia, claims of correction of inventorship, breach of contract, and misappropriation of trade secret and confidential information.