Recently, the U.S. Court of Appeals for the Federal Circuit affirmed an earlier district court decision in favor of RMMS’s client, Aveva Drug Delivery Systems, Inc., in connection with Scilex Pharmaceuticals Inc.’s, ITOCHU CHEMICAL FRONTIER Corporation’s, and Oishi Koseido Co., Ltd.’s post-herpetic neuralgia drug, ZTLido® (lidocaine topical system) 1.8%.
In the District Court litigation, Scilex Pharmaceuticals Inc., ITOCHU CHEMICAL FRONTIER Corporation, and Oishi Koseido Co. sought to prevent Aveva from marketing a generic version of ZTLido®. Following a four-day bench trial held in July 2024, the U.S. District Court for the Southern District of Florida (Judge William P. Dimitrouleas) held that the asserted claims of U.S. Patent Nos. 9,283,174, 9,925,264, and 9,931,403 were not infringed, either literally or under the doctrine of equivalents. The Court further held that Aveva’s actions would not indirectly infringe, by induced or contributory infringement, the asserted method claims of the ‘264 patent.
Members of the RMMS team representing Lupin included William A. Rakoczy, Joseph T. Jaros, Conly S. Wythers and Dylan G. Sacenti.
The opinion can be read here.