Horizon Medicines loses appeal at CAFC

The outcome

Horizon Medicines LLC (“Horizon”) is the owner of U.S. Patent Nos. 8,067,033 (“the ’033 patent”) and 8,067,451 (“the ’451 patent”). In response to Abbreviated New Drug Application (“ANDA”) No. 211890 submitted by Alkem Laboratories LTD. (“Alkem”), Horizon filed suit in the United States District Court for the District of Delaware alleging that Alkem’s ANDA infringed Horizon’s patents. After a bench trial, the district court found that claims 1, 8, 11, and 14 of the ’033 patent were invalid for obviousness and not infringed, and that claims 1–3 and 8–10 of the ’451 patent were not infringed. We affirm the district court’s findings that the asserted claims of the ’033 patent were invalid for obviousness and that the asserted claims of the ’451 patent were not infringed.