ARTICLE · 24 JULY 2018

How Many Infringers Does It Take To "Administer" A Medication?

McDermott Will & Emery

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Addressing the issue of whether defendant's abbreviated new drug application (ANDA) formulation would infringe plaintiff's method patents under a theory of joint direct infringement ...

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Addressing the issue of whether defendant's abbreviated new drug application (ANDA) formulation would infringe plaintiff's method patents under a theory of joint direct infringement, Circuit Judge Bryson sitting in the US District Court for the District of Delaware denied plaintiff's motion for summary judgment. Pernix Ireland Pain DAC v. Alvogen Malta Operations Ltd., Civil Action No. 16-139-WCB, 2018 (D. Del., May 15, 2018) (Bryson, J).

Pernix filed a motion for summary judgment of infringement of its method patents based on Alvogen's filing of an ANDA with the US Food and Drug Administration (FDA) seeking authorization to sell hydrocodone bitartrate extended release capsules as generic versions of Pernix's formulation, sold under the name Zohydro.

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