The parties to the suit stipulated non-infringement of US’350 patent previously. Otsuka appealed the decision in various cases and this is now consolidated with main Zydus appeal (16-1962). Oral argument was heard on Jul. 10, 2017.
During oral argument Otsuka said that pharmaceutical composition means separate dosage forms containing Aripiprazole & serotonin reuptake inhibitor. While defendants argued that claims when interpreted means single dosage form where Aripirazole & serotonin reuptake inhibitor in same dosage form as correctly decided by district court previously.
Federal circuit finally affirmed the district court’s decision of non-infringement via Rule 36 judgment.