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Caesar Rivise Obtains Federal Circuit Affirmance of a Denial of a Motion for Preliminary Injunction

Posted on Mar 13, 2015 in News

On March 12, 2015, the United States Court of Appeals for the Federal Circuit ruled in favor of Caesar Rivise clients Camber Pharmaceuticals, Inc. and InvaGen Pharmaceuticals, Inc. in a case filed by Roxane Laboratories, Inc. alleging infringement of its patent covering calcium acetate capsules and their use in the treatment of hyperphosphatemia in patients with chronic kidney disease.

In August 2014, the United States District Court for the District of New Jersey flatly denied Roxane’s motion for a preliminary injunction, finding that, not only did Roxane fail to show that it was likely to suffer irreparable harm in the absence of a preliminary injunction, but Roxane failed to show that it was likely to prove that InvaGen’s generic calcium acetate capsule product infringes Roxane’s patent either literally or under the doctrine of equivalents. Roxane appealed the denial of the motion, and the Federal Circuit affirmed. The Federal Circuit entered a judgment of affirmance without an opinion under Federal Circuit Rule 36, indicating that the District Court’s decision was based on findings that were not clearly erroneous. Taking the lead on the case were Robert S. Silver (who argued the appeal) and Salvatore Guerriero of Caesar Rivise.

– by Robert Silver

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