Joe Berenato Appointed Special Master in Pharma Case

Friday, May 10, 2013

Berenato & White, LLC attorney Joseph W. Berenato, III has been appointed Special Master pursuant to Rule 53 of the Federal Rules of Civil Procedure in Shire Development LLC, et al v. Osmotica Pharmaceutical Corp., et al, Case No. 1:12-cv-0904-AT, by the United States District Court for the Northern District of Georgia. 

As Special Master, Mr. Berenato is tasked with resolving pretrial discovery disputes, conducting a Markman hearing and issuing a Report and Recommendation to the Court about disputed claim terminology.  The suit involves US Patent No. 6773720 that is directed to controlled release pharmaceutical compositions useful in treating Crohn's disease and ulcerative colitis. The suit invokes the Hatch-Waxman Act and is based upon an Abbreviated New Drug Application (ANDA) seeking approval of a generic version of Shire’s pharmaceutical composition.

Mr. Berenato has previously been appointed Special Master in the United States District Court for the Eastern District of New York, the United States District Court for the Western District of New York, and the United States District Court for the Western District of Pennsylvania.