Aventis Pharma Deutschland GmbH v. Lupin

This is a patent infringement action concerning the pharmaceutical compound ramipril, which is marketed by King Pharmaceuticals, Inc. (“King”) as a blood pressure medication under the name Altace®. Lupin Ltd. and Lupin Pharmaceuticals, Inc. (collectively, “Lupin”) appeal from a final judgment of infringement entered by the United States District Court for the Eastern District of Virginia in favor of King and Aventis Pharma Deutschland GmbH (“Aventis”). Aventis Pharma Deutschland GmbH v. Lupin Ltd., No. 2:05-CV-421 (E.D. Va. July 18, 2006). The district court concluded at summary judgment that Lupin’s filing of an Abbreviated New Drug Application (ANDA) for a generic version of ramipril infringed Aventis’s U.S. Patent. No. 5,061,722 (“the ’722 patent”) under the doctrine of equivalents, and concluded after a bench trial that the asserted claims of the ’722 patent were not invalid.1 Lupin appeals from these decisions. Aventis cross-appeals from the district court’s decision to dismiss its claim of willful infringement. For the reasons that follow, we conclude that the subject matter of the asserted claims of the ’722 patent would have been obvious. Accordingly, we reverse. The cross-appeal and the remaining issues raised by the parties are deemed moot and are not addressed.

Download the decision.