Court rules in favor of Depomed in AcuForm case

MENLO PARK, Calif. Depomed has won summary judgment in a U.S. District Court in a patent infringement case against IVAX, according to published reports. The case involved two patents related to the diabetic drug metformin hydrochloride ER.

Depomed said the U.S. District Court judge for the Northern District of California, Charles Breyer, ruled that two of the company’s patents were infringed upon and therefore denied all of IVAX’s summary judgment motions.

Carl Pelzel, Depomed’s president and chief executive officer, said the company is “very pleased with the court’s ruling, which we believe has significantly strengthened our case going to trial.”

In January 2006, Depomed sued IVAX for infringement concerning its extended release metformin hydrochloride tablets. The patents are held by Depomed and relate to the company’s AcuForm drug delivery technology, the company said. AcuForm is used to improve treatment tolerability and enhanced compliance and efficacy.

No trial date has been schedule yet.