Federal Circuit Affirms Invalidity Judgment Concerning Zymaxid®/Zymar® (Gatifloxacin) Ophthalmic Solutions

March 20, 2015 | Small Molecules

03/20/2015 The U.S. Court of Appeals for the Federal Circuit affirmed judgment holding that the asserted claims of U.S. Patent Nos. 6,333,045 (‘the ‘045 patent’) are invalid for obviousness under 35 U.S.C. § 103, following appeal from the U.S. District Court for the District of Delaware.In the litigation, Senju Pharmaceutical Co., Ltd., Kyorin Pharmaceutical Co., Ltd., and Allergan, Inc. brought suit against the firm’s client, Lupin Ltd., seeking to prevent marketing of a generic equivalent to Zymaxid®/Zymar® (Gatifloxacin) ophthalmic solutions prior to expiration of the ‘045 patent. After a 4-day bench trial, the District Court concluded that the ‘045 patent was invalid as obvious. In the Senju_Pharmaceutical_v_Lupin__gatifloxacin_CAFC_.pdf issued today, the Federal Circuit affirmed that decision.

RMMS attorneys Deanne Mazzochi, William Rakoczy, and Paul Molino were counsel for Lupin. Lead counsel Deanne Mazzochi argued the case before the Federal Circuit.

This victory continues to place RMMS at the forefront of generic challenges to brand pharmaceutical patents.