Glenmark Infringed Bayer's Finacea Patent, Judge Rules

Law360, New York (July 28, 2015, 9:27 PM EDT) -- A Delaware federal judge ruled Monday that Glenmark Pharmaceuticals Ltd. infringed a Bayer Healthcare Pharmaceuticals Inc. patent for its Finacea rosacea treatment, saying the Mumbai-based pharmaceutical company also failed to show the patent should be invalidated as obvious.

U.S. District Judge Sue L. Robinson's opinion was a victory for Bayer, which, barring an appeal, has successfully kept Glenmark's generic azelaic acid gel off the market since filing suit in 2013. Bayer argued that Glenmark infringed its patent by using a Finacea ingredient that helps the medicine penetrate patients' skin.

"Because defendants do not dispute any particular limitation present in any of...

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