By Memorandum Opinion entered by the Honorable Gregory M. Sleet in AstraZeneca LP, et al. v. Mylan Pharmaceuticals Inc., Civil Action No. 08-53-GMS (D.Del., June 23, 2011) after a three day bench trial, the Court ruled that the plaintiffs did not prove by a preponderance of the evidence that defendant Mylan’s proposed generic budesonide product would infringe the asserted claims of U.S. Patent No. 5,643,602 (the “‘602 patent” or the “patent-in-suit”).
A complete copy of the Court’s Memorandum Opinion is attached hereto.