07/10/2014 The U.S. Court of Appeals for the Federal Circuit today held that the asserted claims of U.S. Patent Nos. 7,388,029 and 7,351,404 (‘the ‘029 and ‘404 patents’) are invalid for obviousness under 35 U.S.C. § 103, following appeal from the U.S. District Court for the Middle District of North Carolina. In the litigation, Allergan, Inc. and Duke University brought suit against various ANDA filers, including Apotex, seeking to prevent marketing of a generic equivalent to Latisse® (bimatoprost) ophthalmic solution prior to expiration of the ‘029 and ‘404 patents.
RMMS attorneys Deanne Mazzochi, William Rakoczy, and Paul Molino are counsel for Apotex. Lead counsel Deanne Mazzochi argued the case before the Federal Circuit.