Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Fed. Cir.

Endo Pharmaceuticals Solutions v. Custopharm Inc., No. 17-1719 (Fed. Cir. July 13, 2018)

Affirmed
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 17-1719
Decided
July 13, 2018
Judge
Chen, J.
Document
Precedential Opinion
Length
21 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Endo Pharmaceuticals Solutions, Inc. (Endo) holds the approved New Drug Application for Aveed ®, a testo s- terone undecanoate (TU) intramuscular injection. Bayer Intellectual Proper ty GmbH and Bayer Pharma AG (Bayer) own the two patents listed in the Orange Book for Aveed®, U.S. Patent Nos. 7,718,640 (the ’640 patent) and 8,338,395 (the ’395 patent). Custo pharm Inc.’s (Cust o- pharm) predecessor- in-interest, Paddock Laboratories, LLC, submitted an Abbreviated New Drug Application (ANDA) to the U.S.