Santarus, Inc. (Santrus press release Here), a specialty pharmaceutical company, today announced that Chief Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware has ruled in favor of Santarus and the University of Missouri following the Markman hearing held November 5, 2008. "Markman" hearings, also known as claim construction hearings, are held to resolve any disputes concerning the meaning of asserted patent claims prior to trial. Par Pharmaceutical, Inc. had disputed the meaning of some but not all of the patent claims asserted by Santarus as part of the lawsuits Santarus filed against Par in the Delaware District Court for infringement of patents listed in the Orange Book for ZEGERID(R) (Omeprazole/Sodium bicarbonate) Capsules and Powder for Oral Suspension. The University of Missouri, licensor of the patents, is joined in the litigation as co-plaintiff.
During the hearing, held in Wilmington, Delaware, both sides presented arguments. Shortly following the hearing, Chief Judge Sleet issued an order consistent with the positions asserted by plaintiffs Santarus and the University of Missouri.
"We are very pleased with the outcome of the hearing and are focused on continuing to enforce and defend the intellectual property protecting our ZEGERID products," said Gerald T. Proehl, president and chief executive officer of Santarus.
Santarus and the University of Missouri are asserting infringement by Par of five issued patents covering ZEGERID Capsules and Powder for Oral Suspension because of Par's intent to market generic versions of Santarus' ZEGERID products prior to the July 2016 expiration of the asserted patents. The trial is currently scheduled for July 2009.
Santarus has full confidence in and is prepared to vigorously defend and enforce the intellectual property protecting its ZEGERID products.
During the hearing, held in Wilmington, Delaware, both sides presented arguments. Shortly following the hearing, Chief Judge Sleet issued an order consistent with the positions asserted by plaintiffs Santarus and the University of Missouri.
"We are very pleased with the outcome of the hearing and are focused on continuing to enforce and defend the intellectual property protecting our ZEGERID products," said Gerald T. Proehl, president and chief executive officer of Santarus.
Santarus and the University of Missouri are asserting infringement by Par of five issued patents covering ZEGERID Capsules and Powder for Oral Suspension because of Par's intent to market generic versions of Santarus' ZEGERID products prior to the July 2016 expiration of the asserted patents. The trial is currently scheduled for July 2009.
Santarus has full confidence in and is prepared to vigorously defend and enforce the intellectual property protecting its ZEGERID products.
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