Azurity Loses Patent Appeal Over Rival’s Generic Antibiotic

The Federal Circuit on Tuesday cleared a generic liquid antibiotic used to treat a bacterial infection in the colon accused of infringing an Azurity Pharmaceuticals Inc. patent.

The appeals court affirmed a lower court ruling in a precedential opinion, finding that Azurity “disclaimed any presence” of a key ingredient that falls outside of its issued US Patent No. 10,959,948. Alkem Laboratories Ltd.'s proposed generic, which contains propylene glycol, is designed to treat unique symptoms of Clostridium difficile.

Judge John F. Murphy, a Pennsylvania district court judge sitting by designation on the US Court of Appeals for the Federal ...