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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