Sun Pharma Loses Ruling Nixing Patent on BromSite Eye Drug

Sun Pharma Loses Ruling Nixing Patent on BromSite Eye Drug

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Sept. 30, 2021, 6:40 PM

Sun Pharma lost a federal judge’s ruling that invalidated a patent related to BromSite, a treatment for pain associated with cataract surgery and the subject of an infringement lawsuit against generic-drug maker Lupin.

  • Lupin’s copycat doesn’t literally infringe patent, which is invalid because the invention was obvious and “the claim terms mentioning viscosity are indefinite,” U.S. District Judge Freda Wolfson wrote in opinion issued Thursday in federal court in Trenton, New Jersey
  • Judge also ruled that one of the patent’s inventors “did not engage in inequitable conduct when he failed to disclose” to the U.S. Patent & Trademark Office …

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Elena Johaness

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