New Jer­sey judge de­cides Bausch Health's Xi­fax­an is 'pri­or art,' does not in­fringe Cu­ria patents

You win some, you lose some. And in New Jer­sey fed­er­al court on Wednes­day, Bausch Health won.

About a month af­ter a Delaware court found cer­tain Xi­fax­an patents in­valid — po­ten­tial­ly open­ing the door for gener­ic com­pe­ti­tion — a New Jer­sey court sided with Bausch in a sep­a­rate patent feud with Cu­ria.

Cu­ria filed suit against Bausch’s Sal­ix back in 2021, claim­ing the an­tibi­ot­ic Xi­fax­an in­fringed on four patents filed in 2013 and 2014 for cer­tain ra­tios of the α and β poly­mor­phic forms of the ac­tive in­gre­di­ent ri­fax­imin. How­ev­er, Bausch ar­gued that Xi­fax­an was mar­ket­ed in the US be­fore the patents were filed — its 200 mg dose has been sold since 2004 and its 550 mg since 2010 — and there­fore should be re­gard­ed as “pri­or art.”

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