Recently, the U.S. Court of Appeals for the Federal Circuit affirmed an earlier district court decision in favor of RMMS’s client, Lupin, in connection with Galderma Laboratories’ rosacea drug, Oracea® (doxycycline) capsules.
In the District Court litigation, Galderma sought to prevent Lupin from marketing a generic equivalent to Oracea®. Following a three-day bench trial held in January 2024, the District Court for the District of Delaware (Judge Stephanos Bibas, sitting by designation) held that the asserted claims of U.S. Patent Nos. 7,749,532 and 8,206,740 were not infringed, either literally or under the doctrine of equivalents.
Lupin launched its product while Galderma’s appeal was pending, and RMMS successfully defeated Galderma’s motions for an injunction pending appeal in both the District Court and Court of Appeals.
Members of the RMMS team representing Lupin included William A. Rakoczy, Joseph T. Jaros, Katie A. Boda, and Adrianne C. Rose.