By Memorandum Order entered by The Honorable Sue L. Robinson in Anesta AG, et al. v. Mylan Pharmaceuticals, Inc., et al., Civil Action No. 08-889-SLR (D.Del., August 14, 2014), the Court granted defendants’ motion for partial summary judgment of no willfulness with respect to their infringement of the patents-in-suit based upon defendants’ at risk launch of their generic versions of plaintiffs’ Amrix® products. The Court agreed with defendants that, “although their launch was at risk, it was not illegal when it took place and, absent a directive from the Federal Circuit to recall their generic products, defendants had no legal obligation to do so.” Id. at 4.
A copy of the Memorandum Order is attached.