ArentFox Schiff Helps Client Invalidate Patent By Summary Judgment

ArentFox Schiff successfully represented Nexus Pharmaceuticals in a patent infringement lawsuit, winning summary judgement for patent invalidity.

Ingenus Pharmaceuticals filed suit against Nexus alleging infringement of US Patent No. 10,993,952, which generally relates to cyclophosphamide drug liquid formulations used in cancer disease treatment. Cyclophosphamide has been approved to treat certain kinds of cancer, and AFS represented Nexus to help pursue a generic version to offer to patients.

AFS won summary judgment of invalidity, as the district court for the Northern District of Illinois held all claims of the ’952 patent indefinite. The judge ruled that the claim term “stable” — required by every claim — was not properly defined. AFS lawyers exposed Ingenus’s experts in depositions, where the judge found one expert “disavow[ed]” earlier opinions and testified “in contradiction with his earlier reports.” As the judge concluded, “Nexus has established by clear and convincing evidence that an impermissible ‘zone of uncertainty’ exists.”

The AFS team involved with this summary judgment motion included attorneys Imron Aly, Sal Patel, Joel Wallace, and Kevin Nelson.

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