Generic Co. Asks Fed. Circ. To Undo Loss In Takeda IP Fight

By Britain Eakin (June 17, 2022, 6:00 PM EDT) -- Lupin Pharmaceuticals Inc. is urging the Federal Circuit to reverse a decision that its abbreviated new drug application for a proposed generic infringes one of three patents covering Takeda's antidepressant drug Trintellix, saying the district court erred in construing a key claim term.

Lupin said that then-U.S. District Judge Leonard Stark, who was confirmed to the Federal Circuit in March, erred in construing the claim term "reacting," arguing in a brief filed Thursday that its proposed generic does not perform the claimed reacting step under the correct claim construction. The filing came in response to Takeda's appeal of Judge Stark's 2021...

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