United States Federal Circuit

In a case arising under the Hatch-Waxman Act involving a proposed generic version of Finacea Gel, a topical medication for various skin disorders, the District Court's judgment in favor of plaintiff, directing the FDA to not approve defendant's ANDA until plaintiff's patent expires, is affirmed where: 1) there is no clear error in the district court's finding of infringement under the doctrine of equivalents; 2) there is no reversible error in the district court's conclusion that prior art does not bar the application of the doctrine of equivalents to find defendant's generic version to infringe the asserted claims; and 3) district court correctly determined that prosecution history estoppel did not preclude the capture of defendant's lecithin-free composition as an equivalent.

Appellate Information

• Published 2016/05/16

Judges

• MOORE

Court

• United States Federal Circuit

Counsel