Maddox Edwards is pleased to announce its client Amneal Pharmaceuticals’ recent victory over Noven Pharmaceuticals, in connection with Amneal’s bid to market a therapeutic equivalent of the Minivelle® estrogen patch.
Maddox Edwards persuaded Judge Stark of the District of Delaware to find all asserted claims of three Noven patents to be invalid for failure to meet both the written description and enablement requirements of Section 112 of the Patent Act. Noven Pharms. v. Amneal Pharms., No. 18-699-LPS, Doc. 222 (D. Del. Sept. 2, 2020).
Amneal focused its trial presentation on the theme that Noven had made a tactical decision during prosecution to overreach and to claim far more than it really invented – which is precisely what Section 112 is intended to prohibit. The Court agreed, in an 82-page opinion, which incorporated portions of Amneal’s post-trial brief in the Court’s legal analysis of Section 112.
The lawyers of Maddox Edwards moved our practices from large law firms to break away from the big-firm approach to patent litigation, which tends toward overstaffing, unpredictable hours-based billing, and high hourly rates to cover large overhead costs. We always welcome the chance to learn from potential clients what they would value most from outside counsel.