By an order of Dec 17, 2017, New Jersey district court found
claims 7, 11, 14, 15, 16, 21, 26, and 30 of U.S. Patent No. 8,927,592 (expiring on 04/27/2031) are invalid
& claims 1 and 2 of U.S. Patent No. 5,847,170 (expiring on 09/26/2021) are valid and are
infringed by Defendants’ proposed generic products.
This consolidated action arises under the patent laws of the
United States (Sanofi-Aventis US LLC et al v. Fresenius Kabi USA, LLC
NJD-3-14-cv-07869). The Court
conducted an eight-day bench trial on September 18-20 and September 25-29,
2017. The parties submitted post-trial briefs on October 31, 2017 and the Court
heard closing arguments on November 8, 2017. The parties filed supplemental
correspondence on November 17, 2017, December 4, 2017, and December 11, 2017.
Pursuant to Court order, the parties filed supplemental legal briefs on
December 13, 2017. The Court has set forth its Findings of Fact and Conclusions
of Law in an accompanying Opinion pursuant to Federal Rule of Civil Procedure
52(a)(1).
The Patent Trial and Appeal Board in Sep 2017 also held the US’592 patent invalid, rejecting arguments that the drug’s success
weighed against finding various claims were obvious in an inter partes review
(IPR) filed Mylan Laboratories Ltd.
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