A federal judge ruled that Lupin Ltd.‘s generic version of Galderma Laboratories LP’s Oracea doesn’t infringe two patents for the rosacea treatment, and said Galderma’s infringement theory “masquerades speculation as science.”
Judge Stephanos Bibas said he found no evidence that Lupin’s copy of Oracea, whose active ingredient is doxycycline, is equipped with an immediate-release dose and smaller delayed-release portion. The finding was central to his decision that Lupin’s generic version doesn’t literally infringe US Patent Nos. 7,749,532 and 8,206,740, according to his March 22 opinion unsealed Monday in the US District Court for the District of Delaware.
“Scientific ...