Melinta Antibiotic Patent Survives Nexus Challenge on Appeal

Nexus Pharmaceuticals Inc. failed to convince the Federal Circuit its generic medication to treat bacterial infections doesn’t infringe Melinta Therapeutics LLC’s patents.

The district court’s interpretation of the claim terms “composition” and “administering” for US Patent No. 9,084,802 was correct, the US Court of Appeals for the Federal Circuit said in a Friday opinion.

Judge William Bryson wrote that evidence supports the lower court’s construction, pointing to expert testimony, the specification giving instructions for preparing a mixture, and the Minocin medication’s prescribing information.

The appeals court also rejected Nexus’ argument that the ‘802 patent was invalid for a lack ...