The Federal Circuit on February 9 decided another written description case involving a range not found in ipsis verbis in the patent specification in RAI Strategic Holdings Inc. v. Philip.
Upcoming oral arguments for the federal circuit include Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, Arsus, LLC v. Unified Patents, and BOS GmbH & Co. KG v. Macauto USA
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Vimovo® (naproxen and esomeprazole magnesium)
Case Name:
Horizon Medicines LLC v. Dr. Reddy’s Labs., Inc., No. 15-3324 (SRC), 2021 WL 616067 (D.N.J. Feb. 17, 2021) (Chesler, J.)
Drug Product and Patent(s)-in-Suit: Vimovo® (naproxen and esomeprazole magnesium); U.S. Patents Nos. 8,858,996 (“the ’996 patent”) and 9,161,920 (“the ’920 patent”)
Nature of the Case and Issue(s) Presented: Plaintiffs were the owner and licensee of patents that covered the drug Vimovo. Defendants were pharmaceutical companies that filed ANDA applications for approval to market generic versions of Vimovo. The first round of litigation between the parties resulted in the court’s invalidating two patents for failure to meet the written-description requirement. During that case, nine additional patents covering Vimovo were listed in the FDA’s