Bayer Pharma AG, et al. v. Watson Laboratories, Inc., et al., C.A. No. 12-517 - GMS, April 27, 2016.

Sleet, J. Court finds the ‘950 patent-in-suit is not obvious and declines to award attorneys fees.

A 6-day bench trial was held from April 6-14, 2015. The court considers post-trial findings of fact and conclusions of law relating to validity of U.S. Patent No. 8,613,950 challenged by defendant on the basis of obviousness. The asserted claims cover orally disintegrating tablet formulations of vardenafil hydrochloride trihydrate. The court finds that a POSA would recognize concerns of increased bioavailability and taste over a delayed release ODT formulation, teaching away from the claimed subject matter. It further rejects the defendant’s argument that a POSA would find it obvious to use mannitol and sorbitol in an ODT.  Although defendants have not established a prima facie case of obviousness, the secondary, objective indicia point towards a finding of non-obviousness. Defendants’ request for attorneys fees is denied.