08/22/2016 After a nine-day bench trial in the summer of 2016, the United States District Court for the Southern District of Indiana (Judge Sarah Evans Barker) held the asserted claims of U.S. Patent No. 8,435,944 invalid as obvious under 35 U.S.C. § 103. Judge Barker also found non-infringement on behalf of Perrigo Israel Pharmaceuticals Ltd. (‘Perrigo’) and other ANDA filers with respect to the asserted claims of U.S. Patent No. 8,807,861. Plaintiffs Eli Lilly and Company, Eli Lilly Export S.A., and Acrux DDS PTY. Ltd. had asserted the patents to prevent the marketing of generic equivalents to Axiron® (testosterone) solution and the related applicator.
RMMS attorneys appearing for Perrigo were William A. Rakoczy, Christine J. Siwik, Alice L. Riechers, Gregory A. Duff, Lauren M. Lesko, and Erin M. Forbes.
This victory continues to place RMMS at the forefront of generic challenges to brand pharmaceutical patents.