On Oct. 24, 2017, Judge Rodney Gilstrap of Eastern district of Texas dismissed
Allergan’s suit against Teva & Mylan for alleged infringement of Delzicol®
(Mesalamine delayed release capsules, 400 mg) patent. Delzicol is used in the treatment
of ulcerative colitis. The patent-in -suit was US 6,649,180 listed in
Orange Book which is expiring on Apr 13, 2020. US’180 patent claims a hard
capsule formed of a film composition comprising a hydroxypropyl methyl
cellulose as a base, a gelling agent, and a gelling aid with certain percentage
of methoxyl groups and hydroxypropoxyl groups.
Previously on Sep 28, 2017, the magistrate judge (Roy Payne)
granted the motions for summary judgment of non-infringement with respect to US’180
patent in favor of Teva & Mylan.
After that bench trial was concluded on Oct 24, 2017 & Judge Gilstrap
affirmed the decision of magistrate judge.
Other generic player is Zydus which has settled the case in Dec 2016.
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