Outside Publication

Federal Circuit Clears Perrigo’s Generic Pepcid In Patent Case, Law360

February 28, 2019

In this article, Law360 highlights a Federal Circuit ruling that Perrigo Co.’s generic version of the antacid Pepcid Complete does not infringe a patent owned by Boston’s Brigham and Women’s Hospital, ruling the evidence doesn’t show the generic provides the “immediate” heartburn relief the patent requires. The appeals court “found that Brigham’s evidence was insufficient to show immediate relief as claimed, and no reasonable jury could have found otherwise,” said Morgan Lewis partner Jeff Gargano, who represented Perrigo.

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