Shire suffers Lialda patent defeat at Federal Circuit

The US Court of Ap peals for the Federal Circuit has affirmed a ruling of a district court which favoured Cadila Healthcare and Zydus in a patent dispute against Shire.

The Federal Circuit ruling, which was handed down yesterday, followed an appeal by Shire. The company had lost at the US District Court for the District of Delaware in September last year.

Shire filed a complaint against Cadila and Zydus in 2010, alleging that the companies had infringed its US patent number 6,773,720.

The dispute arose after Zydus developed generic versions of Shire’s Lialda (mesalamine), a drug for ulcerative colitis, which is covered by the patent-in-suit.

The company had also filed an Abbreviated New Drug Application (ANDA) with the Food and Drug Administration seeking permission to market the generic.

Cadila had allegedly actively induced and encouraged Zydus in preparation for the ANDA submission.

But the district court entered judgment in favour of Zydus and Cadila on all claims, finding that the sued companies did not infringe the ‘720 patent and that Cadila did not contribute or encourage infringement.

The Federal Circuit affirmed the findings.

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