Azurity’s Silvergate Loses Epaned Patent Ruling to Bionpharma

April 30, 2021, 5:18 PM

Bionpharma won a federal judge’s ruling that its proposed generic version of Epaned, a ready-to-use oral solution for hypertension in children, doesn’t infringe two patents held by Azurity’s Silvergate unit.

  • U.S. District Judge Leonard Stark said Silvergate failed to prove closely held Bionpharma’s copycat meets either of two claim limitations in dispute, according to redacted 73-page opinion issued Thursday in federal court in Wilmington, Delaware
    • Judge issued full opinion Tuesday
    • Parties had agreed Bionpharma’s product doesn’t literally infringe any asserted claims, but Silvergate had argued that it infringes under the doctrine of equivalents
  • NOTE: Azurity Sues Amneal and Bionpharma...

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