Ferring Pharmaceuticals Tells Federal Circuit Generics Companies Infringed Lysteda IP

On June 10, Ferring Pharmaceuticals asked the Federal Circuit to affirm a finding of infringement against Watson Pharmaceuticals and to reverse a decision allowing Apotex to modify a product that infringed on a Ferring patent, Lysteda, a heavy menstrual bleeding medication. Both are generic pharmaceutical companies.

Watson is appealing an infringement finding, and Ferring is seeking a rejection of this appeal. Finnegan attorney Paul W. Browning, Ph.D. told the panel that evidence clearly showed that a portion of Watson's product had infringed Ferring’s patent. “The evidence was that up to 16 percent of certain batches—undisputed evidence—infringed,” he said.

Ferring is also appealing a post-trial order from the court that allowed Apotex to change the dissolution rate of its product, which helped it avoid an infringement finding. Finnegan attorney James B. Monroe argued that the district court read a Ferring patent claim too narrowly in deciding that the dissolution rate fell outside of its patent, which says the court should have followed its expert testimony that showed the altered product still fell within the range of its patent.