United States Federal Circuit

In consolidated Hatch-Waxman Act litigation involving patents all directed to derivatives of ampehtamine, the district court's grant of plaintiff's motion that certain claims of patents are not invalid and its decision affirming the magistrate judge's decision denying defendants' motion to amend their invalidity contentions to include an on-sale bar claim, are: 1) affirmed as to the district court's judgment of nonobviousnes, where defendants have failed to raise a genuine issue of material fact that the asserted claims are obvious; and 2) affirmed where the district court did not abuse its discretion in denying defendants’ motion to amend their invalidity contentions to include an on-sale bar claim; but 3) reversed as to the judgment that Johnson Matthey has induced infringement of the asserted compound claims, where the circumstances in this case preclude a finding that Johson Matthey be liable for induced infringement prior to the grant of FDA approval of the application filed by the ANDA defendant.

Appellate Information

• Decided 09/24/2015
• Published 09/24/2015

Judges

• LINN

Court

• United States Federal Circuit

Counsel