The Federal Circuit on Friday upheld a district court ruling that cleared the way for Indian generic-drug maker Lupin Inc. to sell a treatment for a chronic skin condition, rejecting an appeal from Swiss skincare giant Galderma.
The case centers around Galderma’s Oracea brand, a doxycycline capsule used to treat rosacea, and Lupin’s plans to launch a generic version of the drug. Galderma sued Lupin in 2021, alleging patent infringement in an effort to block the launch of the generic. However, following a three-day bench trial earlier this year, U.S. Circuit Judge Stephanos Bibas of the Third Circuit ruled in favor of Lupin, concluding that Galderma failed to prove its infringement claims.
Chief U.S. Circuit Judge Kimberly Moore, writing the precedential opinion, affirmed the district court’s findings, stating that there was “no clear error” in the trial court’s decision. The Federal Circuit agreed with Judge Bibas’ assessment that Galderma did not substantiate its infringement allegations with sufficient evidence, relying instead on “conclusory conjecture.”
