By Memorandum Order entered by The Honorable Leonard P. Stark in Sunovion Pharmaceuticals, Inc. v. Actavis, Inc., et al., Civil Action No. 12-993-LPS (D.Del., June 3, 2014), the Court denied defendant Actavis, Inc.’s motion for reconsideration of the Court’s Markman Order concerning the construction of the term “levalbuterol” as “substantially optically pure levalbuterol.” Actavis argued that the Court made three errors in adopting its construction. The Court noted that reconsideration should be granted only sparingly, rejected Actavis’ arguments and concluded that defendant’s motion did not demonstrate any of the grounds on which the Court would grant reconsideration. Id. at 1-3.
A copy of the Memorandum Order is attached.