On Jun 08, 2018, the Federal Circuit in one-liner order affirmed a Delaware court’s finding that Par Pharmaceutical Inc. infringed two of Ferring Pharmaceuticals Inc.’s patents (US 8,450,338 and US 8,481,083) covering the colonoscopy drug Prepopik.
Previously on Jul 11, 2017 Delaware court issued its opinion (reported on this blog here) & held that Par’s proposed ANDA product infringes claims 1, 4-6, 8, 9-12, and 17-18 of the ‘338 patent and claims 1 and 7-11 of the ‘083 patent. Main dispute was whether Defendant’s ANDA product comprises a “spray-coated layer of sodium picosulfate coating a potassium bicarbonate core”. Delaware court credited plaintiff’s expert Dr. Davies testimony & said that Defendant is attempting to reargue claim construction. Specifically, Defendant’s current proposal is not materially different from the construction it proposed, which court already rejected, at claim construction.
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