RMMS Scores Win in Case Involving DUEXIS® tablets (800 mg ibuprofen and 26.6 mg famotidine)

November 30, 2020 | Small Molecules

11/30/2020 RMMS recently secured a favorable decision on behalf of its client, Alkem, in connection with litigation involving DUEXIS® tablets (800 mg ibuprofen and 26.6 mg famotidine), a drug approved for treating the signs and symptoms of rheumatoid arthritis and osteoarthritis and to decrease the risk of developing upper gastrointestinal ulcers.

More specifically, on November 30, 2020, Judge Richard G. Andrews of the United States District Court for the District of Delaware held that the asserted claims of U.S. Patent No. 8,067,033 were invalid for obviousness under 35 U.S.C. §103, and not infringed either literally or under the doctrine of equivalents, following a three-day bench trial held in September 2020, with witnesses testifying both live and remotely due to COVID restrictions. RMMS further secured a Final Judgment that the asserted claims of U.S. Patent No. 8,067,451 were not infringed based on a favorable claim construction entered before trial. In addition, Horizon previously stipulated to dismissal of its infringement claims for U.S. Patent Nos. 8,309,127, 8,318,202, 8,449,910, and 8,501,228, also listed in the Orange Book for DUEXIS®.

Members of the RMMS team representing Alkem included William A. Rakoczy and Kevin P. Burke.

About RMMS Headquartered in Chicago, RMMS is a full-service litigation and intellectual property law firm with over 30 attorneys devoted exclusively to the pharmaceutical industry, including specialty practice in the field of patent and regulatory counseling and litigation under theHatch-Waxman Act, the Medicare Prescription Drug, Improvement, and Modernization Act (MMA), and the Biologics Price Competition and Innovation Act (BPCIA).