Janssen Pharmaceutica v. Eon Labs

PatentlyOImage024Janssen Pharmaceutica v. Eon Labs (Fed. Cir. 2005).

Eon filed an ANDA seeking approval to make a generic version of Sporanox® (itraconazole) — an antifungal used to treat toenail fungus.  Janssen brought suit — asserting that Eon’s ANDA infringed Janssen’s patent. (U.S. Patent No. 5,633,015).

After a bench trial, the district court found that a claimed parameter of “about 600 to about 700 µm” should be as measured at the time of manufacture. Based on that finding, the Court determined that Eon did not infringe.

On appeal, the CAFC affirmed, finding that the lower court had correctly defined the terms according to their ordinary meaning and that Eon’s ANDA does not include the same size limitation (no infringement).