Galderma Laboratories et al. v. Tolmar, Inc.
A judge for the U.S. District Court for the District of Delaware ruled in favor of Analysis Group clients Galderma Laboratories, Galderma SA, and Galderma Research and Development in their patent infringement action against Tolmar, Inc. The defendant had filed an abbreviated new drug application (ANDA) with the U.S. Food and Drug Administration seeking to market a generic version of Galderma's Differin Gel 0.3%, a topical medication used to treat acne. The plaintiffs filed suit claiming that the defendants' Paragraph IV certifications had infringed upon several key patents associated with Differin Gel 0.3%.
On behalf of the plaintiffs, the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner LLP retained a team from Analysis Group, led by Managing Principal John Jarosz and Vice President Daria Killebrew, to evaluate the commercial success of the inventions described in the patents-in-suit. Mr. Jarosz testified at deposition and at trial, and he filed expert reports on the absolute and relative sales of Differin Gel 0.3% and the nexus between the success of Differin Gel 0.3% and the benefits and advantages made possible by the patented inventions.
In his decision, Judge Leonard P. Stark said that Tolmar had failed to prove "by clear and convincing evidence" that the inventions in the patents-in-suit would have been obvious to and anticipated by those having "ordinary skill in the art at the time of the inventions." He entered judgment in favor of Galderma.
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