Fed. Circ. Upholds Eisai’s Aciphex Patent

With respect toEisai's patent infringement lawsuit against Teva Pharmaceuticals and Dr.Reddy's Laboratories concerning Aciphex(R) (generic name: rabeprazolesodium tablets) Eisai Co., Ltd. and its U.S. subsidiary Eisai Inc. today announce that the United States Court of Appeals for the Federal Circuit has affirmed both the United States District Court for the Southern District of New York'ssummary judgment ruling on the validity of Eisai's composition of matterpatent and its ruling on the enforceability of the composition of matterpatent.

Eisai filed the infringement actions in November 2003 contesting TevaPharmaceuticals and Dr. Reddy's Laboratories' submission of abbreviated newdrug applications (ANDAs) to the Food and Drug Administration forAciphex(R). In October 2006, Judge Gerard E. Lynch of the United StatesDistrict Court for the Southern District of New York granted partial summary judgment to Eisai, upholding the validity of the Aciphex(R) composition of matter patent. In a subsequent ruling in May 2007, JudgeLynch also determined that Eisai's patent is enforceable.

The details can be read here.
The whole judgement can be read here.