06/23/2020 RMMS recently secured a favorable decision on behalf of its client, Lupin, in connection with litigation involving CLENPIQ® (sodium picosulfate, magnesium oxide and anhydrous citric acid), a drug approved for cleansing the colon prior to colonoscopy.
More specifically, RMMS successfully convinced Judge Andrews of the U.S. District Court in Delaware to grant a motion for judgment on the pleadings. The Court agreed with RMMS that Lupin’s actions would not induce doctors to practice the methods claimed in the patent at issue. This judgment was entered at the pleadings stage, without requiring any further discovery.
RMMS attorneys representing Lupin were William A. Rakoczy, Rachel Pernic Waldron, Thomas H. Ehrich, and Chris P. Galligan.