Boehringer Suit on Tradjenta Diabetes Drug Copy Headed for Trial

Boehringer Ingelheim International GmbH’s allegations that the label of Apotex Inc.’s proposed copy of the diabetes drug Tradjenta induces medical practitioners to infringe two patents will proceed to trial, a federal judge ruled.

Judge Colm F. Connolly, in an opinion issued Jan. 10 in the US District Court for the District of Delaware, denied Apotex’s request for judgment of no induced infringement but granted its motion as to contributory infringement, finding Apotex’s copy could be used in ways that don’t infringe. Connolly stated that it is clear the use of Apotex’s generic version of Tradjenta to treat patients with type ...