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ARTICLE · 31 JULY 2015

Suspected Off-Label Infringing Uses Do Not Equal Inducement

McDermott Will & Emery
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Colchicine itself has been used as a medication for centuries, in many cultures and civilizations, and is not covered by Takeda's patents.

United StatesIntellectual Property
Melissa Nott Davis
Melissa Nott Davis
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Takeda Pharmaceuticals v. West-Ward Pharmaceutical Corp. (Fed. Cir. May 6, 2015)

On May 6, 2015, the U.S. Court of Appeals for the Federal Circuit issued its full opinion affirming the U.S. District Court for the District of Delaware's denial of Takeda Pharmaceutical's motion for preliminary injunction seeking to enjoin the launch of Mitigare® (colchicine), a gout treatment drug. Takeda Pharmaceuticals v. West-Ward Pharmaceutical Corp., et al., 785 F.3d 625 (Fed. Cir. 2015).

Background

Colchicine itself has been used as a medication for centuries, in many cultures and civilizations, and is not covered by Takeda's patents. Takeda's patents are directed toward methods of treating acute gout flares and methods of administering colchicine for prophylaxis of gout in patients also taking certain drug inhibitors.

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