Fed. Circ. Backs AstraZeneca, Impax Win In Zomig Patent Suit

Law360 (June 28, 2018, 4:14 PM EDT) -- The Federal Circuit on Thursday affirmed a Delaware federal court ruling that rejected arguments made by generic-drug maker Lannett Co. Inc. that two AstraZeneca AB nasal spray patents covering Impax's migraine drug Zomig are invalid, finding that it wasn't obvious to make the drug into a nasal spray.

In a 17-page opinion, a unanimous three-judge panel said the "case was close" but that ultimately the lower court got it right when it rejected arguments that prior art at the time made AstraZeneca's patents obvious.

"We find no reversible error in the district court's decision that Lannett failed to prove invalidity of...

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