Green Griffith Delivers Big Win for Clarus Therapeutics in Patent Infringement Suit


Summary Judgment Win in U.S. District Court Results in All Asserted Claims Being Found Invalid Clearing the Path for the Continued Marketing of Clarus’s Oral Testosterone Replacement Product JATENZO®


Judge William C. Bryson granted Clarus Therapeutics’s motion for summary judgment against Lipocine, Inc., declaring that Lipocine had failed to provide adequate written description of patent claims asserted against Clarus.

The decision finds all Lipocine’s asserted patent claims invalid, giving Clarus an unequivocal win and removing a potential obstacle to the company’s continued marketing of its novel oral testosterone replacement product, JATENZO®. Lipocine was seeking significant damages and a permanent injunction which, if granted, would have required Clarus to stop marketing JATENZO®.

“Judge Bryson’s decision is extremely gratifying and completely disposes of Lipocine’s infringement claims, which Clarus viewed from Day 1 as being without merit,” said Clarus Chairman, CEO, and President Dr. Robert Dudley.

Green, Griffith & Borg-Breen attorneys Bob Green, Chris Griffith, Caryn Borg-Breen, Jeff Ward, Ann Kotze Jubelirer and Ben Witte represented Clarus in the matter (Case No. 1:19-cv-00622-WCB (D. Del.))

“This was a true team effort,” says Griffith, “And we are pleased that we were able to secure this victory for Clarus so that they can continue to focus on dedicating their resources to doing what they do best: developing therapies that empower people to live their best lives every day.”

Read more in Law360’s coverage of the decision here.

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