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ARTICLE · 10 MARCH 2021

Invalidation Of Chemical Compound Claims

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Torrent Pharmaceuticals and Indoco Remedies Ltd. (Defendant-Appellant) appealed from the district court's final judgment on Takeda's (Plaintiffs-Appellees) invalidity challenges to claims 4 and 12 of U.S. Patent No. 7,807,689

United StatesIntellectual Property
Marina I. Miller
Marina I. Miller
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Torrent Pharmaceuticals and Indoco Remedies Ltd. (Defendant-Appellant) appealed from the district court's final judgment on Takeda's (Plaintiffs-Appellees) invalidity challenges to claims 4 and 12 of U.S. Patent No. 7,807,689, owned by Takeda. In a non-precedential opinion, the Federal Circuit ("the Court") affirmed the district court's final judgment that Torrent and Indoco had failed to prove that the claims asserted by Takeda were invalid for statutory obviousness or non-statutory obviousness-type double patenting.

Takeda's patent '689 is listed in the Orange Book as protecting Takeda' alogliptin benzoate formulations, marketed under the brand names Nesina®, Kazano®, and Oseni®. Indoco filed Abbreviated New Drug Application ("ANDA") Nos. 210002 and 209998, seeking approval to market generic versions of Nesina® and Kazano®. Torrent filed ANDA Nos. 21-0159, 21-0160, and 21-0161, seeking approval to market generic versions of Nesina®, Kazano®, and Oseni®. Takeda

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