Lupin Aims To Invalidate Ortho Birth Control Patent

By Brendan Pierson

Law360, New York (February 18, 2010, 2:55 PM ET) -- Responding to a patent infringement suit brought by Ortho-McNeil-Janssen Pharmaceuticals Inc., India-based generic-drug maker Lupin Pharmaceuticals Inc. has asked a federal judge to invalidate Ortho's patent for contraceptive Tri-Cyclen Lo.

In counterclaims filed Wednesday in the U.S. District Court for the District of New Jersey, Lupin argues that Ortho-held U.S. Patent Number 6,214,815 is invalid because it fails to meet the requirements of the patent statute, but cites no specific grounds for invalidity.

Lupin also claims that an abbreviated new drug application it filed with the...
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