Judgment Issues For Plaintiffs In ANDA Case

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Genzyme Corporation, et al. v. Dr. Reddy’s Laboratories, Ltd., et al., C.A. No. 13-1506 - GMS, May 11, 2016.

Sleet, J. The court issues findings of fact and conclusions of law and rules on post-trial motions.  A 4-day trial took place between November 9-13, 2015.

The disputed product is generic forms of plerixafor, which is marketed as Mozobil®.  The parties had previously stipulated to infringement.  The court finds that defendants have not proven that the patents-in-suit is obvious.  Defendants’ expert’s relevance analysis is colored by hindsight.  Furthermore he relies on his own testing rather than prior art. Secondary considerations further support the conclusion of non-obviousness.  The court enjoins defendants from commercially manufacturing, using, offering for sale, selling or importing their generic versions prior to the expiration of the patent-in-suit.

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