Fed. Cir. (2015)
Fitzpatrick Successfully Defends Ophthalmic Antibiotic Patents On Behalf Of Akorn, Pfizer And InSite Vision
On April 9, 2015 the Court of Appeals for the Federal Circuit affirmed a victory on behalf of Fitzpatrick clients Akorn Pharmaceuticals, Pfizer Inc. and InSite Vision against generic drug manufacturer Sandoz Inc. in a Hatch-Waxman patent lawsuit concerning Akorn’s AzaSite® ophthalmic drops for the treatment of eye infections.
After a seven day bench trial, U.S. District Court Judge Mary Cooper had ruled that Sandoz Inc.’s proposed generic products infringed every asserted claim of four patents covering AzaSite® azithromycin ophthalmic drops. Then on April 9, 2015, a unanimous Federal Circuit panel affirmed the District Court’s ruling. Writing for the panel, Judge Linn found “Sandoz failed to show that the asserted claims in the patents-in-suit would have been obvious to a person of ordinary skill in the art.” The Court rejected every argument raised by Sandoz and sided with plaintiffs on every issue.
The Fitzpatrick team was led by partners Dominick Conde and Nina Shreve, and included associates Margaret Scoolidge, Dennis Aeling, and Alice Braginsky.