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Pharma + Biotech, Litigation
U.S. District Court, Eastern District of New York
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SSJR Wins Non-Infringement Judgment in ANDA Case for Eon Labs, Inc.
20 August 2004
In a recent Federal Court decision out of the Eastern District of New York, Judge Gershon has held that our client, Eon Labs, Inc., does not infringe U.S. Patent 5,633,015 to Janssen Pharmaceutica N.V. (a subsidiary of Johnson & Johnson).
The case related to a drug known as itraconazole and its manufacture in the form of capsules containing hundreds of tiny beads. The critical issue turned on the size of the cores of the beads. The Court resolved that issue on the basis of trial testimony evidence as to how core sizes are understood, determined and classified by those of ordinary skill in the relevant industry. On that evidence, the Court found that there was no infringement of any of the asserted patent claims, either literally or under the doctrine of equivalents.
Janssen Pharmaceutica N.V. has indicated that it will appeal to the Federal Circuit.