On February 17, 2020 Jubilant DraxImage Inc. and certain of its affiliates ("Jubilant") reported by the U.S. Patent Office that, in a lawsuit filed by Bracco Diagnostics, Inc ("Bracco") in 2018, it agreed with Jubilant’s arguments that two rubidium-infusion-system patents owned by Bracco are invalid (Press release, DraxImage, FEB 17, 2020, View Source [SID1234554394]).

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Bracco had alleged that Jubilant’s RUBY-FILL Generator and RUBY Rubidium Elution System were infringing the two patents in a lawsuit filed in 2018, prompting Jubilant to challenge the validity of the two patents in three Inter Partes Review ("IPR") proceedings before the Patent Office. As a result of these favorable rulings, the Patent Office is expected to cancel all challenged claims of the two Bracco patents.

This favorable decision from the Patent Office comes on the heels of another favorable ruling that Jubilant received in December 2019 from the U.S. International Trade Commission (the "ITC"), which found three other Bracco patents directed to rubidium infusion systems invalid. The ITC proceeding was instituted in 2018 after Bracco filed a complaint with the ITC accusing Jubilant’s RUBY-FILL Generator and RUBY Rubidium Elution System of infringing the three patents. But as a result of the ITC’s invalidity findings, the ITC found Jubilant had not violated section 337 of the Tariff Act of 1930 and terminated the proceeding in Jubilant’s favor.

"These favorable rulings by the U.S. Patent Office and International Trade Commission further confirm Jubilant’s right to continue development and commercialization of RUBY-FILL in the U.S. marketplace and to continue focusing on our goal of bringing innovative products to the market for patients in need of the latest technology," stated Pramod Yadav, CEO, Jubilant Pharma Limited.

Jubilant Radiopharma’s RUBY-FILL Generator and RUBY Rubidium Elution System provide the latest and most advanced technology in PET Rubidium-82 myocardial imaging. RUBY-FILL provides customers a choice in the next generation product, with safety, efficiency, and automation advancements. Jubilant Radiopharma’s products are key in its greater commitment to investing in the growth and expansion of nuclear medicine in the global market.