Wednesday, July 19, 2006

U.S. District Court upheld Ramipril Patent, Lupin loses Para IV Litigation

The U.S. District Court for the Eastern District of Virginia has upheld the validity of U.S. Patent No. 5,061, 722 covering King’s top-selling hypertension drug --- Altace, generically known as Ramipiril. Earlier on June 05, 2006, same court granted summary judgment in favor of King Pharmaceutical finding that Lupin’s proposed generic Altace product infringed the ‘722 patent. Later, on June 14, 2006, during trial period, the Court found that the ‘722 patent is enforceable and thereby dismissed Lupin’s unenforceability claims as a matter of law. This litigation was result of Lupin’s Para IV certification challenging the validity and enforceability of the ‘722 patent, and seeking marketing approval for generic Altace before expiration for the ‘722 patent. In July 2005, King jointly with Aventis filed a patent infringement lawsuits in the U.S. District Court for the District of Maryland and the Eastern District of Virginia against Lupin for infringement of the ‘722 patent. Later on February 01, 2006, the Maryland and Virginia cases consolidated into a single action in the Eastern District of Virginia and scheduled for trail on June 06, 2006. Pertinent Case --- Aventis Pharma Deutschland GmbH and King Pharmaceuticals v. Lupin Pharmaceuticals USA, Inc. (D. Md. 2005)

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