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Baxter Healthcare partly prevails in US norepinephrine patent row with Nevakar

By Melissa Ritti ( March 17, 2025, 14:34 GMT | Insight) -- Construction in 2023 of “chelating agent” in a patent covering a formulation of norepinephrine proved fatal Friday to literal direct infringement allegations leveled by Nevakar Injectables against Baxter Healthcare, but a US magistrate judge in Delaware refused to reject the case entirely. In the same ruling, the court went on to find genuine disputes of fact preclude a summary judgment of noninfringement under the doctrine of equivalents, rejecting Baxter’s invocation of the vitiation doctrine in connection with the same term. The accused premixed, ready-to-use norepinephrine product by Baxter is the first-of-its-kind to receive approval from the US Food and Drug Administration.Baxter Healthcare has prevailed on a subset of patent infringement litigation with Nevakar Injectables, with a Delaware federal judge agreeing on Friday that his June 2023 claim construction order entitles the defendant to a summary judgment of no literal direct infringement....

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