|September 14, 2012|
Previously published on September 10, 2012
In late 2011, Galderma Laboratories and Supernus Pharmaceuticals brought suit against client Amneal Pharmaceuticals after Amneal submitted an abbreviated new drug application (ANDA) seeking approval to market generic doxycycline capsules to compete with Galderma’s branded Oracea® drug product. Galderma and Supernus have alleged infringement of four United States patents, including two patents claiming methods of treating rosacea.
On Friday, September 7, 2012, the United States District Court for the District of Delaware granted Amneal’s motion for judgment on the pleadings as to the two method of treatment patents on the basis that the doctrine of collateral estoppel precluded Galderma from asserting that Amneal’s proposed product, which contains 40 mg doxycycline, infringed the method of treatment of patents.
Sterne Kessler is lead trial counsel for Amneal and the case is Galderma Laboratories, Inc. et al v. Amneal Pharmaceuticals LLC, et al, Civil Action No. 1:11-cv-01106, in the United States District Court for the District of Delaware.