Upsher-Smith Obtains Summary Judgment of Non-Infringement of 10 Patents

Represented Upsher-Smith Laboratories in a Hatch-Waxman patent infringement case in which Judge Sue Robinson granted summary judgment of non-infringement of 10 patents claiming a transdermal testosterone gel and method of treating hypogonadism. The technology related to claimed macrocyclic penetration enhancers for increasing the rate of passage of an androgen through the skin. We were successful in demonstrating to the court that the case warranted an exception to the court’s ordinary practice of declining to hear summary judgment motions in Hatch-Waxman cases. Auxilium Pharms., Inc. v. Upsher-Smith Labs., Inc., 13-148-SLR (D. Del.).