IP Hatch-Waxman Team Scores Patent Invalidity Trial Victory on Behalf of Azurity Pharmaceuticals
Congratulations to the IP Hatch-Waxman Team on their patent invalidity trial victory on behalf of Azurity Pharmaceuticals Inc. (“Azurity”) against Heron Therapeutics Inc. (“Heron”) concerning Azurity’s proposed version of CINVANTI® (aprepitant for injection).
After a two-day bench trial in November 2025, post-trial briefing and closing arguments conducted in March 2026, the Delaware district court held that certain of Heron’s patents were invalid due to a lack of written description. The Court held that Azurity had shown by clear and convincing evidence that the specifications of the patent families had not shown that the inventors had possession of the invention commensurate with the full scope of the claims asserted at trial. Pursuant to a stipulation between the parties, a judgment of non-infringement was entered in favor of Azurity on the remaining Heron patents for the CINVANTI® product. Heron had asserted 13 patents against Azurity.
The full trial team consisted of Constance Huttner, Elham Steiner, Robyn Ast-Gmoser and Colby Davis, as well as Eddie Rivera (paralegal) and Thomas Han (IT Professional).
