RMMS Secures Non-Infringement and Invalidity Win on BROMSITE® (bromfenac ophthalmic solution) 0.075%

October 1, 2021 | Small Molecules

10/01/2021 RMMS recently secured a favorable decision on behalf of Lupin in a Hatch-Waxman litigation over BromSite® (bromfenac ophthalmic solution) 0.075%, a nonsteroidal anti-inflammatory drug (NSAID) indicated for the treatment of postoperative inflammation and prevention of ocular pain in patients undergoing cataract surgery.

More specifically, on September 30, 2021, Chief Judge Freda L. Wolfson of the United States District Court for the District of New Jersey held that the asserted claims of U.S. Patent No. 8,778,999 are not infringed by Lupin, are invalid as obvious under 35 U.S.C. § 103, and are invalid as indefinite under 35 U.S.C. § 112, following a five-day bench trial held remotely due to COVID restrictions in March 2021.

RMMS attorneys appearing for Lupin were Deanne M. Mazzochi, Rachel Pernic Waldron, Conly S. Wythers, Katie A. Boda, and Greg L. Goldblatt, Ph.D.

About RMMS Headquartered in Chicago,RMMS is a full-service litigation and intellectual property law firm with over 30 attorneys devoted exclusively to the life sciences 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).