Intellectual Property Magazine
Galderma Labs, LP et al v Amneal Pharms LLC, et al
US District Court for District of Delaware - 27 August 2018
Gerald Flattmann, Evan Diamond and Vanessa Yen, King & Spalding
Infringement under the doctrine of equivalents is a powerful tool in the patent litigator’s arsenal. But past positions, and statements made in support of those positions, could potentially pose a threat to an equivalents
argument. As the latest infringement win for patents covering the treatment of rosacea Oracea Capsules (Galderma Laboratories)
shows, such challenges to the doctrine of equivalents can be overcome by careful planning and strategic ‘lawyering’.