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Pharma + Biotech, Appeals
U.S. Court of Appeals for the Federal Circuit
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SSJR Wins Appeal Affirming Non-Infringement of Eon Labs ANDA for its Generic Version of Itraconozole
15 June 2005
The Court of Appeals for the Federal Circuit, in a unanimous decision, affirmed the judgment of the trial court that Eon Labs’ generic version of Itraconazole does not infringe U.S. Patent No. 5,633,015 owned by Janssen Pharmaceutica (a subsidiary of Johnson & Johnson.)
In its decision the Federal Circuit agreed with SSJR’s claim construction for the disputed claim term “mesh”. The Court acknowledged SSJR’s arguments that the disputed claim term should be construed based on what the term means to those skilled in the art when trying to determine particle size. The adoption of SSJR’s claim construction resulted in affirmance of the trial court’s finding of no literal infringement. Further, the decision also confirmed that Eon’s product does not infringe under the doctrine of equivalents based in part on SSJR’s ability to show Janssen’s expert’s testimony was unpersuasive.