Budesonide – USA

Budesonide – USA

On Jan. 14, 2019, Federal Circuit upheld (Rule 36 Judgment) a lower court ruling that found Teva and Alvogen’s ANDA non-infringing which were filed to market generic version of Uceris®. 
Previously on 10/27/17, Delaware Court issued Order that US 8,784,888 patent not infringed by Actavis and Alvogen (reported here on this blog). In summary, Court concluded that Plaintiff failed to prove that Actavis infringes claim 9 & Alvogen infringes claim 6 of US’888 patent. The only claim limitation at issue was whether Defendant’s ANDA products have “macroscopically homogenous composition”. Court found that Defendants tablets do not appear of uniform structure throughout. Actavis tablets have some yellow dots & Alvogen tablets have some holes or bumps which were not uniformly distributed throughout the bisected tablet. Therefore court held that Defendants tablets are not macroscopically homogenous.

Leave a Reply

Leave a Reply

Your email address will not be published.

Disclaimer
All content provided on this blog is for informational purposes only. By using the blog, you agree that the information on this blog does not constitute legal or other professional advice on author's or on his company's behalf.

Copyrights 2022 Pharma IP Circle. All Rights Reserved