News > RMMS Secures Favorable Claim Construction Ruling In Suit Involving Generic Aripiprazole (Abilify®)

RMMS Secures Favorable Claim Construction Ruling In Suit Involving Generic Aripiprazole (Abilify®)

11/16/2015

On November 16, 2015, RMMS secured a favorable claim construction ruling on behalf of its client, Apotex Inc., in the aripiprazole action pending in the U.S. District Court for the District of New Jersey.  This decision follows the Court’s denial of Otsuka's Motion for a Temporary Restraining Order, which allowed Apotex Inc. to enter the market with its generic aripiprazole products.

In a 57-page Markman Opinion, Chief Judge Simandle construed terms of four patents and adopted the claim constructions presented by RMMS based on RMMS attorney arguments and examination of Apotex Inc.’s claim construction experts, including a decision that the term "mean particle size" is indefinite.  The RMMS team included Joseph Jaros, Neil McLaughlin, William Rakoczy, and Deanne Mazzochi.