SSJR is pleased to report a successful settlement of a Hatch-Waxman patent infringement case for its clients Lupin Ltd. and Lupin Pharmaceuticals, Inc (“Lupin”). The case was initiated in July 2011 by Alcon Pharmaceuticals Ltd. and Alcon Research, Ltd. (“Alcon”) in the United States District Court for the District of Delaware. Alcon asserted that Lupin’s proposed generic versions of Alcon’s ophthalmic moxifloxacin drugs, Vigamox® and Moxeza®, would infringe two Orange Book listed patents, U.S. Patent Nos. 6,716,830 and 7,671,070.

The settlement was reached after the parties completed pretrial briefing and just one week before a trial was scheduled to begin before Judge Robinson. The terms of the settlement are confidential.

SSJR continues to represent Lupin in a separate action pending in the United States District Court for the District of Delaware concerning a newly listed patent in the Orange Book, U.S. Patent No. 8,450,311, which Alcon has asserted only against Lupin’s proposed generic version of Moxeza®. A trial is scheduled for June of 2015.