Case: Patents/Procedure (Fed. Cir.)

The Federal Circuit affirmed the decision of a federal district court in Delaware that Eagle Pharmaceuticals Inc.'s abbreviated new drug application doesn’t infringe any claim of Par Pharmaceutical Inc., Par Sterile Products LLC, and Endo Par Innovation Company LLC’s patents for a vasopressin injection product used to treat patients with critically low blood pressure. According to the Federal Circuit, Eagle’s ANDA specification controls and defines a non-infringing product. And the appeals court affirmed the district court’s denial of a declaratory judgment that Eagle’s planned sale of a product produced in accordance with its ANDA would infringe.