On September 4, 2024, following a 3-day bench trial held in February 2024, US District Judge for the District of Delaware Richard G. Andrews issued an opinion ruling in favor of Coherent’s client Exeltis USA, Inc. (“Exeltis”), a world leader in women’s health treatments and medical devices.
The matter, Exeltis USA, Inc. et al v. Lupin Ltd. et al, concerned Exeltis’ patents for SLYND, an estrogen-free, progestin-only oral contraceptive. Lupin Pharmaceuticals (“Lupin”) had submitted an application to the FDA to produce a generic version of SLYND, and challenged the validity of Exeltis’ patents. In response, Lupin filed suit, alleging infringement of SLYND’s patents by Lupin.
At trial, Coherent Managing Director Brian Segers testified regarding SLYND’s commercial success – and the “nexus” between Exeltis’ patented attributes and the commercial success of SLYND – as economic indicators of the non-obviousness of Exeltis’ patents. Judge Andrews cited Mr. Segers’ testimony favorably multiple times in his opinion affirming the validity of Exeltis’ patents, and concluded that “…Exeltis has shown significant evidence of commercial success based on a combination of market share and sales.” Lupin’s rebuttal economic expert had contended that SLYND was not a commercial success.
Exeltis was represented by Martina Tyreus Hufnal, Douglas E. McCann, Gregory R. Booker, Nitika Gupta Fiorella, Jonathan A. Bell, Madelyn McCormick, and Excylyn Hardin-Smith at Fish & Richardson P.C.
Mr. Segers was supported by a team at Coherent including Seb Peinado, Tuna Coluk, Jacob Pagel, and Sahil Rizal.