Following a three-day bench trial in the matter on June 5-7, 2017 and after having considered the entire record in the case and the applicable law, the Court, through Trial
Continue Reading Judge Andrews Finds Plaintiff Proved Infringement of Asserted Claims of Patents-in-Suit Following Three-Day Bench Trial in Hatch-Waxman Action

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),
Continue Reading After Two Day Bench Trial in ANDA Action, Judge Robinson Finds The ‘353 Patent Valid But Not Infringed by Generic

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

Continue Reading Chief Judge Sleet Concludes that Mylan’s Proposed ANDA Product Does Not Infringe the Patent-In-Suit Asserted by AstraZeneca and Others

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.

Continue Reading Judge Robinson Enters Judgment in Favor of Defendants Apotex Upon Finding Patent Claims Invalid Based on Obviousness