In a significant victory for pharmaceutical competition and access to generic drugs, Jenner & Block secured a key litigation win on behalf of client MSN Pharmaceuticals. A federal judge denied a pharmaceutical company’s request for injunctive relief, removing an obstacle to MSN’s planned launch of a generic version of Entresto, a widely used heart failure medication.
On July 15, 2025, US District Judge Evelyn Padin issued a comprehensive opinion denying both a Motion for a Preliminary Injunction and Motion for an Injunction Pending Appeal. The ruling marks a step forward in the effort to expand access to lower-cost treatment options for the millions of patients who rely on Entresto.
The decision also establishes a crucial precedent limiting branded pharmaceutical companies' ability to assert trade dress claims based on pill design. The court found that the trade dress elements of the branded product were functional, not protectable, reinforcing the legal pathway for future generic challengers.
This outcome marks a notable reversal of the court’s earlier decision granting injunctive relief.
Read Law360’s coverage of the case here.
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