Generic version of Oracea® infringes one of the patents-in-suit
The Research Foundation of State University of New York, et al. v. Mylan Pharmaceuticals Inc., Civ. No. 09-184-LPS, August 26, 2011.
Stark, J. Plaintiff proved infringement of one of the patents-in-suit by defendant’s generic version of Oracea®. The other four patents-at-issue were found not infringed, and two were found invalid.
In July 2011, a bench trial was held in which defendant’s generic version of Oracea® was found to infringe U.S. Patent No. 7,749,532. The ‘532 patent was found valid and the preliminary injunction entered in July 2010 was kept in place pending supplemental briefing as to an appropriate permanent remedy. Two other patents-in-suit, U.S. Patent Nos. 5,789,395 and 5,919,775, were found invalid. The patents “are inherently anticipated because they merely recognize an inherent property of a tetracycline to decrease NO production and inhibit iNOS expression.” The remaining patents-in-issue, U.S. Patent Nos. 7,211,267 and 7,232,572, were not infringed.
