Patent ‘Mistake’ Left Unchanged in Suit Over Generic Injectafer

A New Jersey federal judge refused to fix a purported mistake in a patent related to Injectafer, an iron replacement medicine, under a legal doctrine that Sandoz Inc. and Mylan Laboratories Ltd. called “arcane and seldom-used.”

Swiss drugmaker Vifor (International) AG and its partner on Injectafer, American Regent Inc., said there was an obvious mistake in a claim of U.S. Patent No. 10,519,252. They asked the judge to fix it under the doctrine of “judicial correction.”

Sandoz and Mylan, which are accused of infringement, argued Vifor and American Regent were trying to use the doctrine to rewrite the patent ...