Lupin’s Win Over Galderma in Oracea Patent Case Survives Appeal

Lupin Ltd. can continue selling its copies of Galderma Laboratories LP’s Oracea drug in the US after a federal appeals court upheld a March ruling that found the generic doesn’t infringe two patents for the rosacea treatment.

Chief Judge Kimberly A. Moore, writing for a three-judge panel of the US Court of Appeals for the Federal Circuit, agreed with Judge Stephanos Bibas’ finding that Galderma failed to prove Lupin’s version had the specific release characteristics claimed in US Patent Nos. 7,749,532 and 8,206,740, according to a precedential opinion issued Friday.

The panel found “no clear error” in Bibas’ March ...