Otsuka Can’t Reverse Generic’s Win Over Kidney Drug Patents (1)

Otsuka Pharmaceutical Co. couldn’t convince the Federal Circuit that two of its patents for its blockbuster Jynarque kidney drug were infringed by competitor Lupin Ltd.‘s generic offering.

Judge Todd M. Hughes of the US Court of Appeals for the Federal Circuit said sufficient evidence supported the district court’s conclusion that Lupin wasn’t infringing the patents for a drug used to treat a common kidney disease called Autosomal Dominant Polycystic Kidney Disease.

The appeals court rejected Otsuka’s contentions that a federal judge in Delaware erred in distinguishing Lupin’s generic drug making process from one described in Otsuka’s US Patent Nos. ...