By Memorandum Opinion entered by The Honorable Leonard P. Stark in Reckitt Benckiser LLC v. Aurobindo Pharma Ltd., Civil Action No. 14-1203-LPS (D.Del. March 6, 2017), the Court granted Defendants’ motion for summary judgment of non-infringement of the asserted claims of U.S. Patent No. 6,955,821 (“the ‘821 patent”) and U.S. Patent No. 7,838,032 (“the ‘032 patent”) with respect to Defendants’ proposed generic version of Mucinex® DM, an extended-release tablet that contains dextromethorphan hydrobromide and guaifenesin. The claim limitations of the patents-in-suit require the claimed drug product to include both an immediate-release formulation and a sustained release formulation of the drug guaifenesin. Id. at *6. Defendants moved for summary judgment on the basis that Plaintiff failed to present sufficient evidence that Defendants’ proposed product has two distinct formulations, as required by each asserted claim. Id. at *6-7.
The Court agreed with Defendants that summary judgment was warranted. Id. at *7. The Court explained that, on the record created by the parties and taking all of the evidence in the light most favorable to Plaintiff and drawing all reasonable inferences in Plaintiff’s favor, no reasonable factfinder could find that Defendants’ proposed product contains the two distinct formulations required by the asserted claims. Id.
A copy of the Memorandum Opinion is attached.