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Delaware Intellectual Property Litigation Intellectual Property and Antitrust Litigation in Delaware

Judge Stark Grants Defendant InnoPharma’s Motion to Dismiss Complaint of Patent Infringement in ANDA Action

Posted in District of Delaware, Intellectual Property, Patent Infringement

By Memorandum Order entered by the Honorable Leonard P. Stark in Cumberland Pharmaceuticals Inc. v. InnoPharma, Inc., Civil Action No. 12-618-LPS (D.Del., November 1, 2013), the Court granted Defendant InnoPharma’s Motion to Dismiss the Complaint of Plaintiff Cumberland Pharmaceuticals Inc. after agreeing that InnoPharma’s ANDA product could not infringe Cumberland’s U.S. Patent No. 8,148,356 (the “’356 patent”) because all of the claims of the patent-in-suit cover only a formulation “free from a chelating agent,” yet the Complaint admitted that InnoPharma’s product contains EDTA, which is a chelating agent. The Court found that no formal process of claim construction was necessary to make that determination under the circumstances and Cumberland’s attempts to avoid that conclusion were unavailing. Id. at 2-5.

A copy of the Memorandum Order is attached.