[의약품]Eli Lilly and Company/ ACRUX DDS PTY LTD/ Eli Lilly Exports SA 대 Lupin Pharmaceuticals, Inc./ Lupin Ltd. 간의 의약품 관련 특허 분쟁 

발생일자 2015.07.09 

사건번호 1:15-cv-00877 

법원국가 UNITED STATES OF AMERICA 

관할법원명 D.C.E.D.Virginia(지방법원) 

침해권리 특허 

원고명 Eli Lilly and Company/ ACRUX DDS PTY LTD/ Eli Lilly Exports SA ( 미국 / 외국기업 )  

피고명 Lupin Pharmaceuticals, Inc./ Lupin Ltd. ( 미국 / 외국기업 )  

소송유형 침해금지 

분쟁내용

[Eli Lilly and Company et al v. Lupin Pharmaceuticals, Inc. et al] 사건번호 1:15-cv-00877에 따르면 원고 Eli Lilly and Company/ ACRUX DDS PTY LTD/ Eli Lilly Exports SA는 피고 Lupin Pharmaceuticals, Inc./ Lupin Ltd.을(를) 상대로 특허 US8177449|US8419307|US8435944|US8807861|US8993520을(를) 침해하였다는 이유로 미국 버지니아 동부 지방법원에 소를 제기하였다. 

분쟁결과 분쟁중 

산업분류 화학∙바이오 > 의약품 

계쟁제품 ＂Testosterone Topical Solution, 30mg/1.5mL＂, generic version of Axiron® 

지재권번호/명칭

US8177449   Spreading implement 

US8419307   Spreading implement 

US8435944   Spreading implement 

US8807861   Spreading implement 

US8993520   Spreading implement 

Spreading implement 

Abstract

An implement 1 for applying a volume of liquid to a treatment surface. The implement includes a support 3 onto which is mounted a receptacle 2, the receptacle defining a reservoir space 4 which receives the liquid. The receptacle includes a wall 6 having a working surface that is used to spread the liquid over the treatment surface. The wall 6 is resiliently deformable so in use the working surface maintains contact with the treatment surface when spreading the liquid. The implement has a specific application in applying a transdermal lotion to the axilla area of the user. A system for transdermal administration of a physiological active agent from a liquid composition and a method of conducting the transdermal administration. 

Claims

We claim: 

 1. An implement for applying a volume of liquid to a treatment surface comprising: a support; and a receptacle mounted on the support and defining a reservoir space with an open top and being configured to receive the volume of liquid in the reservoir space through the open top, wherein the receptacle includes a flexible membrane integrally forming a base and a wall, the wall being substantially transverse to the base and having a working surface configured to spread the liquid over the treatment surface, wherein the base has a continuous surface such that liquid cannot pass through the base, wherein the wall includes an inner portion which extends from the base to an upper end and an outer skirt portion, wherein the inner portion and skirt portion form a double-wall structure, and wherein at least the wall is resiliently deformable so in use the working surface maintains contact with the treatment surface when spreading the liquid. 

 2. An implement according to claim 1, wherein the receptacle includes a hinge formation to allow the wall to move relative to the base. 

 3. An implement according to claim 2, wherein the hinge formation is integrally formed with the base and the wall. 

 4. An implement according to claim 1, wherein the support is releasably attached to the receptacle. 

 5. An implement according to claim 4, wherein the support is relatively rigid in comparison to at least the wall of the receptacle so that at least the wall is movable relative to the support when applying the liquid. 

 6. An implement according to claim 5, wherein the skirt portion flares outwardly from the support towards the working surface. 

 7. An implement according to claim 5, wherein the skirt portion is substantially parallel to the inner portion. 

 8. An implement according to claim 5, wherein a lower edge of the skirt portion is attached to the support. 

 9. An implement according to claim 8, wherein the support is detachably connectable to a dispensing device that is operable to dispense the volume of liquid into the receptacle. 

 10. An implement according to claim 1, wherein the inner portion extends from the base at an angle greater than or equal to 90.degree. and is continuous from the base to the working surface. 

 11. An implement according to claim 10, wherein at least the inner portion includes a plurality of channels providing a passageway for the liquid from the reservoir space to the treatment surface. 

 12. An implement according to claim 1, wherein at least the inner portion includes a plurality of channels providing a passageway for the liquid from the reservoir space to the treatment surface. 

 13. An implement according to claim 12, wherein the wall is castellated. 

 14. An implement according to claim 13, wherein castellations are located between the inner portion and the skirt portion with an exit end of each channel spacing each castellation. 

 15. An implement according to claim 14, wherein the working surface is limited to the castellations. 

 16. An implement according to claim 13, wherein the working surface is limited to the castellations. 

 17. An implement according to claim 1, wherein the working surface extends along the wall between the inner portion and the skirt portion. 

 18. An implement according to claim 17, wherein the working surface extends over the inner portion of the wall. 

 19. An implement according to claim 18, wherein the working surface extends over the skirt portion of the wall. 

 20. An implement according to claim 17, wherein the working surface extends over the skirt portion of the wall. 

 21. An implement according to claim 1, wherein the working surface is substantially convex. 

 22. An implement according to claim 1, wherein the implement is configured to be used with a treatment surface which is a user's skin. 

 23. An implement according to claim 1, wherein the implement is configured to be used with a treatment surface which is the axilla area of a user's skin. 

 24. A system for transdermal administration of a physiologically active agent from a liquid composition, the system comprising: a container configured to contain the liquid composition including the physiologically active agent, a dispensing device configured to deliver liquid from the container; and an applicator configured to apply the liquid to an area of skin for transdermal administration, said applicator including a receptacle defining a reservoir space which receives a volume of the liquid composition from the container, the receptacle having a base that is resiliently deformable and a resiliently deformable wall that is formed integrally with the base from a flexible membrane, the wall being substantially transverse to the base and having a working surface that is used to spread the liquid composition over the area of the skin, wherein the base has a continuous surface such that liquid cannot pass through the base. 

 25. A system according to claim 24, wherein the applicator includes a support onto which is mounted the receptacle, the support being relatively rigid in comparison to the wall of the receptacle such that when the liquid composition is applied to an axilla area of skin the wall is movable relative to the support. 

 26. A system according to claim 24, wherein the liquid composition includes a penetration enhancer. 

 27. A system according to claim 26, wherein the penetration enhancer is selected from the group consisting of fatty acids, fatty acid esters, fatty alcohols, glycols and glycol esters, 1,3-dioxolanes and 1,3-dioxanes, macrocyclic ketones containing at least 12 carbon atoms, oxazolidinones and oxazolidinone derivatives, alkyl-2-(N,N-disubstituted amino)-alkanoate esters, (N,N-disubstituted amino)-alkanol alkanoates, sunscreen esters and mixtures thereof. 

 28. A system according to claim 26, wherein the penetration enhancer is one or a mixture of octyl dimethyl-para-aminobenzoate, octyl para-methyoxycinnamate and octyl salicylate. 

 29. A system according to claim 26, wherein the liquid composition includes from 1 to 15% by weight of a total composition of a penetration enhancer. 

 30. A system according to claim 24, wherein the liquid composition includes from about 40-90% by weight of volatile solvent selected from the group consisting of ethanol, ethyl acetate, isopropanol, acetone, ethyl formate, methyl acetate, methyl ethyl ketone, pentane, chloroform, dimethyl ether, R134a and mixtures thereof. 

 31. A system according to claim 24, wherein the liquid composition includes a viscosity modulating agent to provide a viscosity greater than water and less than about 300 centipoise. 

 32. A system according to claim 24, wherein the physiologically active agent includes at least one hormone selected from the group consisting of oestrogens, progestagens and androgens. 

 33. A system according to claim 24, wherein the physiologically active agent is an androgen selected from testosterone and derivatives thereof. 

 34. A system according to claim 24, wherein the composition includes an antiperspirant and/or deodorant agent. 

 35. A method of transdermal administration of a physiologically active agent to a subject, comprising: providing an implement as recited in claim 1; applying a liquid including the physiologically active agent to the reservoir; and deforming the wall of the receptacle containing the liquid against skin of a subject and spreading the liquid over an area of the skin surface.