Generic-Drug Makers Win Patent Challenge Right in Myrbetriq Case

June 3, 2025, 5:19 PM UTC

Two generic-drug makers can raise a new invalidity defense at a 2026 jury trial against one of four patents Astellas Pharma Inc. alleges their Myrbetriq ER copies infringe.

Lupin Ltd. and Zydus Lifesciences Ltd. persuaded Judge Joseph F. Bataillon of the US District Court for the District of Delaware to lift their stipulation, according to an order docketed Monday.

The ruling allows the companies to argue that US Patent No. 10,842,780—the only patent for the overactive-bladder drug they’d agreed not to challenge on obviousness grounds—should be voided for covering an obvious invention.

Judge Bataillon said lifting the restriction ...

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