In April 2017, Carlson Caspers secured a Federal Circuit affirmance of a judgment of noninfringement in favor of its client, Sun Pharma. At the District Court level, Sun Pharma had obtained a favorable Markman ruling and successfully defended against a motion and appeal by Takeda to amend its infringement contentions.
The case began in 2014 when Takeda filed a complaint alleging that Sun Pharma infringed its patent covering the anti-ulcer drug Prevacid SoluTab by seeking approval to market a generic version of the lansoprazole formulation prior to expiration of the patent.
According to Carlson Caspers attorney Mark Schuman, Takeda stipulated to noninfringement based on the district court’s claim construction ruling, but that ruling was eventually appealed by Takeda. “Sun Pharma successfully opposed the appeal resulting in an affirmance of Sun’s favorable claim construction and of the judgment of noninfringement for our client,” he said. In addition to Mr. Schuman, Sun Pharma was represented by Samuel Lockner, Jonathan Carpenter, and Caroline Marsili of Carlson Caspers.