OISHI KOSEIDO CO., LTD.

Federal Circuit Affirms Non-Infringement Ruling, Clearing Path for Aveva's Generic ZTlido Launch

- The U.S. Court of Appeals for the Federal Circuit affirmed a district court ruling that Aveva's proposed generic lidocaine patch does not infringe Scilex's ZTlido patents. - The appellate court upheld the construction of "dissolving agent" as requiring the function of dissolving lidocaine, which Aveva's n-heptane-based formulation does not satisfy. - Aveva is now positioned for an imminent commercial launch of its generic lidocaine topical system 1.8% with 180-day exclusivity. - The dispute centered on whether Aveva's single-solvent manufacturing process was equivalent to the patented two-component dissolving agent of isostearic acid and dipropylene glycol.