District Judge Stanley Chesler of the US District Court for the District of New Jersey has ruled in the favor of Johnson & Johnson in an infringement suit over its U.S. Patent No. 4,513,006 (the ‘006 patent) for epilepsy drug Topamax, generically known as Topiramate and thus prohibiting Mylan to sell generic Topamax before expiry of the ‘006 patent. In October 2006, J&J also won a preliminary injunction against Mylan which got US FDA approval for its generic Topamax in September 2006. Mylan during court proceedings argued that the ‘006 patent on Topamax was invalid because its subject matter would have been “obvious” to a person having ordinary skill in the drug research. Judge Chesler, in his Feb. 02 ruling, said he found Mylan’s arguments unpersuasive. He said the generic drugmaker "has not presented even a theory of obviousness."