Today, RMMS secured a favorable decision on behalf of its client, Aveva Drug Delivery Systems, Inc., in connection with litigation involving 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%.
More specifically, on August 27, 2024, Judge William P. Dimitrouleas of the U.S. District Court for the Southern District of Florida 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, following a four-day bench trial held in July 2024. 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.
This victory continues to place RMMS at the forefront of generic challenges to brand pharmaceutical patents.
RMMS attorneys appearing for Aveva included William A. Rakoczy, Paul J. Molino, Joseph T. Jaros, Katie A. Boda, Conly S. Wythers and Dylan G. Sacenti.
The opinion can be read here.
About RMMS
Headquartered in Chicago, RMMS is a full-service litigation and intellectual property law firm with over 30 attorneys devoted to litigation and counseling in life sciences, engineering and other complex technologies, including specialty practice in the field of patent and regulatory counseling and litigation under the Hatch-Waxman Act, the Medicare Prescription Drug, Improvement, and Modernization Act (MMA), and the Biologics Price Competition and Innovation Act (BPCIA).