By Memorandum Order entered by the Honorable Leonard P. Stark in Cumberland Pharmaceuticals Inc. v. InnoPharma, Inc., Civil Action No. 12-618-LPS (D.Del., November 1, 2013), the Court granted Defendant
Continue Reading Judge Stark Grants Defendant InnoPharma’s Motion to Dismiss Complaint of Patent Infringement in ANDA Action
ANDA
Judge Stark Grants Defendants’ Motion for Partial Judgment on the Pleadings Based on Collateral Estoppel in ANDA Patent Infringement Action
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By Memorandum Opinion entered in Galderma Laboratories Inc., et al. v. Amneal Pharmaceuticals, LLC, et al., C.A. No. 11-1106-LPS (D.Del., September 7, 2012), the Honorable Leonard P. Stark granted…
Following Seven Day Bench Trial, Judge Robinson Finds Plaintiff Pronova Did Prove Infringement of Its ‘667 and ‘077 Patents by Defendants in ANDA Action
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By Opinion issued by The Honorable Sue L. Robinson in Pronova Biopharma Norge AS v. Teva Pharmaceuticals USA, Inc., et al., Civil Action No. 09-286-SLR (D.Del., May 29, 2012)…
Judge Andrews Issues Claim Construction Ruling on Disputed Terms of Patents Covering Drug Used to Treat Pediatric ADHD
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By Memorandum Opinion entered by The Honorable Richard G. Andrews in Shire LLC, et al. v. Teva Pharmaceuticals USA Inc., et al., Civil Action No. 10-329-RGA (D.Del., March 22…
Chief Judge Sleet Concludes that Mylan’s Proposed ANDA Product Does Not Infringe the Patent-In-Suit Asserted by AstraZeneca and Others
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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…
Judge Robinson Grants Temporary Restraining Order Enjoining Mylan from Manufacturing, Using, Offering to Sell, or Selling Generic Drug
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By Memorandum Order entered by The Honorable Sue L. Robinson in In Re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, Civil Action No. 09-MD-2118-SLR (D.Del., May 20, 2011), the Court …
Chief Judge Sleet Adopts Magistrate Judge Stark’s Report and Recommendation on Claim Construction
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By Order dated June 24, 2010, Chief Judge Gregory M. Sleet adopted the Report and Recommendation Regarding Claim Construction entered by Magistrate Judge Leonard P. Stark on May 12, 2010…
Judge Robinson Enters Judgment in Favor of Defendants Apotex Upon Finding Patent Claims Invalid Based on Obviousness
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In Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc., et al., Civil Action No. 07-779-SLR, the U.S. District Court for the District of Delaware, by and through a memorandum opinion entered by The Honorable Sue L. Robinson on June 14, 2010, entered judgment in favor of defendants, Apotex Inc. and Apotex Corp. (“Apotex”), and against plaintiffs, Senju Pharmaceutical Co. Ltd (“Senju”), Kyorin Pharmaceutical Co. Ltd. (“Kyorin”) and Allergan, Inc. (“Allergan”). The case is an infringement action that was tried by bench trial on January 12-14, 2010. In rendering judgment in favor of defendants, the Court concluded among other things that, although plaintiffs had demonstrated by a preponderance of the evidence that defendants’ ANDA product infringed claims 1-3, 6,7, and 9 of the patent in dispute, U.S. Patent No. 6,333,045 (“the ‘045 patent”), defendants demonstrated by clear and convincing evidence that those claims are invalid based on obviousness given the asserted prior art. Id. at 15-21 and 37.
A complete copy of the Court’s Memorandum Opinion is attached.
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