Following a five-day bench trial in the matter in February 2017 and after having considered the entire record in the case and the applicable law, the Court, through Memorandum, entered by The Honorable Gregory M. Sleet in Tris Pharma, Inc. v. Actavis Laboratories FL, Inc., Civil Action No. 14-1309-GMS (consolidated) (D.Del. September 6, 2017),
bench trial
After Two Day Bench Trial in ANDA Action, Judge Robinson Finds The ‘353 Patent Valid But Not Infringed by Generic
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Sue L. Robinson in Merck Sharp & Dohme Corp. v. Teva Pharmaceuticals USA, Inc., Civil Action No. 14-874-SLR (D.Del., November 16, 2016), the Court found the asserted claims of U.S. Patent No. 6,127,353 (“the ‘353 patent”) are valid but that defendant does not infringe the asserted claims…
Judge Andrews Concludes that Defendants Failed to Prove Affirmative Defenses of Obviousness and Implied License in ANDA Action
By Gregory B. Williams on
By Trial Opinion entered by The Honorable Richard G. Andrews, following a bench trial, in Endo Pharmaceuticals Inc. et al. v. Amneal Pharmaceuticals, LLC et al., Civil Action No. 14-1382-RGA (consolidated) (D.Del. October 7, 2016), the Court ruled that defendants failed to prove their affirmative defenses of obviousness and implied license.
Plaintiffs, Endo Pharmaceuticals…
Judge Sleet Concludes that Defendants Did Not Prove Invalidity of Asserted Claim in ANDA Action
By Gregory B. Williams on
Following a four day bench trial in a consolidated ANDA action before The Honorable Gregory M. Sleet in Genzyme Corp., et al. v. Dr. Reddy’s Laboratories, Ltd., et al., Civil Action Nos. 13-1506 and 13-1508-GMS (D.Del., May 11, 2016), the Court issued its findings of fact and conclusions of law pursuant to Federal Rule…
Judge Sleet Denies Defendants’ Post-Trial Proposed Finding of Invalidity of Patents-in-Suit Due To Obviousness
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Pfizer Inc. v. Sandoz Inc., et al., Civil Action No. 13-110-GMS (D.Del., Apr. 20, 2016), the Court denied defendants’ post-trial proposed finding that the Court find the patents-in-suit were invalid due to obviousness under 35 U.S.C. § 103. After having conducted a four-day…
Judge Sleet Issues Order Construing Remaining Term in Dispute During Bench Trial of Infringement Action
By Gregory B. Williams on
By Memorandum Order entered by The Honorable Gregory M. Sleet in Merck Sharp & Dohme B.V. v. Warner Chilcott Company, LLC, Civil Action No. 13-2088-GMS (D.Del., February 25, 2016), the Court rendered its construction of the term “physiologically required amounts,” which remained in dispute in U.S. Patent No. 5,989,581 ( “the ‘581 patent”) during…