Rothwell Figg prevails in preliminary injunction proceeding on behalf of Spear Pharmaceuticals, Inc.

Spear Pharmaceuticals, Inc. is a pharmaceutical company that specializes in dermatology products. On April 11, 2008, Spear received FDA approval of its ANDA to market its 5-fluorouracil cream product. On the same date, the FDA denied a Citizen Petition filed by Valeant Pharmaceuticals International related to the approval of Spear’s product. Valeant then filed a lawsuit in the United States District Court for the Central District of California against the FDA seeking an injunction ordering the FDA to suspend Spear’s approval. Spear’s motion to intervene as a defendant was granted, and Spear and the FDA opposed Valeant’s motion for a preliminary injunction. On June 18, 2008, the Court denied Valeant’s motion for a preliminary injunction, finding that, inter alia, the FDA’s approval of Spear’s ANDA was not arbitrary and capricious.

Spear was represented in this matter by Steven Lieberman, Minaksi Bhatt, Lisa Phillips, and Julia Kim.