By Opinion entered by The Honorable Leonard P. Stark in Belcher Pharmaceutical, LLC v. Hospira, Inc., Civil Action No. 17-775-LPS (D.Del. March 31, 2020), following a two day bench trial and post-trial briefing in the action filed by plaintiff Belcher under the Hatch-Waxman Act as a result of defendant Hospira’s attempt to bring to market a bioequivalent of plaintiff’s product, the Court ruled in favor of defendant Hospira concluding that (1) defendant Hospira’s product does not infringe U.S. Patent No. 9,283,197 (“the ‘197 Patent”); (2) the ‘197 Patent is invalid for obviousness and other reasons; and (3) the ‘197 Patent is unenforceable due to inequitable conduct.
A copy of the Opinion is attached.