Experience
Kaken Pharmaceutical Co., Ltd.; Bausch Health Care
Zydus Pharmaceuticals (USA) Inc. et al.
Finnegan achieved a win for clients Kaken Pharmaceuticals and Bausch Health at the U.S. Court of Appeals for the Federal Circuit, reviving a key patent covering their Jublia® pharmaceutical product directed to methods of using efinaconazole to treat onychomycosis. Finnegan appealed a decision from an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) to the Federal Circuit, arguing that the final written decision finding the patent obvious and therefore unpatentable was based on an erroneous claim construction ruling. In a precedential opinion, the Federal Circuit agreed, overturning the PTAB’s claim construction of a key term in the patent, reversing the PTAB’s finding of obviousness that led to the finding of unpatentability, and remanding to the Board. The patent at issue, which is being asserted in multiple concurrent district court litigations, provides patent protection for Jublia® until 2026. Jublia® has achieved more than $1B in sales since launch.
Kaken Pharmaceutical Co., Ltd.; Bausch Health Care v. Zydus Pharmaceuticals (USA) Inc. et al., 3:18-cv-13635, D.N.J., Judges Martinotti, Goodman
Kaken Pharmaceutical Co., Ltd.; Bausch Health Care v. Andrei Iancu, 18-2232, Fed. Cir., Judges Newman, O'Malley, Taranto
Acrux DDS PTY Ltd. et al. v. Kaken Pharmaceuticals Co., Ltd. et al., IPR2017-00190, PTAB, Judges Mitchell, Franklin, Pollock
Argentum Pharmaceuticals LLC v. Kaken Pharmaceuticals Co., Ltd. et al., IPR2017-01429, PTAB, Judges Mitchell, Franklin, Pollock
Risen (Suzhou) Pharma Tech Co., Ltd. v. Alzheon, Inc.
Alzheon, Inc.
Federal Circuit upholds enhanced damages award to Finnegan client WCM Industries
WCM Industries, Inc.
Bright Data Ltd. v. NetNut Ltd.
NetNut Ltd.
Delta Faucet Company v. Globe Union Industrial Corp. et al.
Globe Union Industrial Corp.
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