Fed. Circ. Clarifies Doctrine Of Equivalents In ANDA Litigation
In its recent holding in Intendis v. Glenmark, the Federal Circuit affirmed the District of Delaware’s decision that generic manufacturer Glenmark infringed a patent covering Finacea gel. Notably, the district court invoked the doctrine of equivalents in arriving at its conclusion and relied upon Glenmark’s own assertions that its generic version of the product is equivalent to the name-brand product. In doing so, the courtprovided much-needed clarity for pharmaceutical patentees and strengthened the protection drug innovators can expect from patents covering their product formulations.