Appeals Court Affirms SSJR Trial Victory for Apotex Invalidating AstraZeneca’s Sterility Patent for Pulmicort Respules®
The U.S. Court of Appeals for the Federal Circuit issued an opinion affirming the invalidity of U.S. Patent No. 7,524,834, directed to a sterile budesonide suspension that covers AstraZeneca’s Pulmicort Respules® product. The opinion affirmed the ruling secured by SSJR in the trial court that the ‘834 patent was invalid as obvious because, prior to the patent, one of skill in the art would have had a reasonable expectation of successfully producing the claimed product using any of various known sterilization techniques. SSJR will now return to the U.S. District Court in New Jersey for proceedings to collect the damages incurred by its client Apotex as a result of having been improvidently enjoined.