Case 1:13-cv-01674-RGA Document 453 Filed 06/28/16 Page 1 of 4 PageID #: 17387
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`RECKITT BENCKISER
`PHARMACEUTICALS INC., RB
`PHARMACEUTICALS LIMITED, and
`MONOSOL RX, LLC,
`
`Plaintiffs,
`
`v.
`
`WATSON LABORATORIES, INC. and
`ACTA VIS LABORATORIES UT, INC.,
`
`Defendants.
`
`RECKITT BENCKISER
`PHARMACEUTICALS INC., RB
`PHARMACEUTICALS LIMITED, and
`MONOSOL RX, LLC,
`
`Plaintiffs,
`
`v.
`
`PAR PHARMACEUTICAL, INC. and
`INTELGENX TECHNOLOGIES CORP.,
`
`Defendants.
`
`C.A. No. 13-1674-RGA
`
`C.A. No. 14-422-RGA
`
`~l FINAL JUDGMENT AND INJUNCTION
`
`This matter having come before the Court for trial on the merits of all remaining issues in
`
`the above-captioned cases, namely to resolve the questions of whether Defendants Watson
`
`Laboratories, Inc. and Actavis Laboratories UT, Inc. (together, "Watson") infringe any claim of
`
`U.S. Patent No. 8,475,832 ("the '832 patent"), U.S. Patent No. 8,603,514 ("the '514 patent"), or
`
`U.S. Patent No. 8,017,150 ("the '150 patent"); and whether those claims are invalid; and at trial,
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`RECKITT BENCKISER
`PHARMACEUTICALS INC., RB
`PHARMACEUTICALS LIMITED, and
`MONOSOL RX, LLC,
`
`Plaintiffs,
`
`v.
`
`WATSON LABORATORIES, INC. and
`ACTA VIS LABORATORIES UT, INC.,
`
`Defendants.
`
`RECKITT BENCKISER
`PHARMACEUTICALS INC., RB
`PHARMACEUTICALS LIMITED, and
`MONOSOL RX, LLC,
`
`Plaintiffs,
`
`v.
`
`PAR PHARMACEUTICAL, INC. and
`INTELGENX TECHNOLOGIES CORP.,
`
`Defendants.
`
`C.A. No. 13-1674-RGA
`
`C.A. No. 14-422-RGA
`
`~l FINAL JUDGMENT AND INJUNCTION
`
`This matter having come before the Court for trial on the merits of all remaining issues in
`
`the above-captioned cases, namely to resolve the questions of whether Defendants Watson
`
`Laboratories, Inc. and Actavis Laboratories UT, Inc. (together, "Watson") infringe any claim of
`
`U.S. Patent No. 8,475,832 ("the '832 patent"), U.S. Patent No. 8,603,514 ("the '514 patent"), or
`
`U.S. Patent No. 8,017,150 ("the '150 patent"); and whether those claims are invalid; and at trial,
`
`
`
`Case 1:13-cv-01674-RGA Document 453 Filed 06/28/16 Page 2 of 4 PageID #: 17388
`
`Plaintiffs asserted claims 1, 3, 6, and 15-19 of the '832 patent, claims 1and4 of the '150 patent,
`
`and claims 62, 64, 65, 69, and 73 of the '514 patent against Watson, and Watson asserted
`
`counterclaims of invalidity of claims 1, 3, 6, and 15-19 of the '832 patent, claims 1, 4, 10, and
`
`13 of the '150 patent, and claims 62, 64, 65, 69, and 73 of the '514 patent; and the Court having
`
`heard the testimony of the expert witnesses and having considered the evidence submitted by the
`
`parties; and the Court having reviewed the post-trial briefs of the parties;
`
`IT IS ORDERED AND ADJUDGED, for the reasons set forth in the Court's Trial
`
`Opinion dated June 3, 2016 (D.I. 446 in C.A. No. 13-1674), that Final Judgment is hereby
`
`entered in favor of Watson and against Reckitt Benckiser Pharmaceuticals Inc., RB
`
`Pharmaceuticals Ltd., and Monosol Rx, LLC (collectively "Plaintiffs"), that asserted claims 1, 3,
`
`and 6 of the '832 patent are invalid under 35 U.S.C. § 103 and under 35 U.S.C. § 112 and that
`
`asserted claims 15-19 of the '832 patent are invalid under 35 U.S.C. § 103;
`
`ORDERED AND ADJUDGED, for the reasons set forth in the Court's Trial Opinion
`
`dated June 3, 2016 (D.I. 446 in C.A. No. 13-1674), that Final Judgment is hereby entered in
`
`favor of Watson and against Plaintiffs that Watson's Abbreviated New Drug Application
`
`("ANDA") products that are the subject of ANDA Nos. 204383 and 207087, in 2 mg/0.5 mg, 4
`
`mg/1 mg, 8 mg/2 mg, and 12 mg/3 mg dosage strengths, do not infringe asserted claims 1, 3, or 6
`
`of the '832 patent, and that Watson's ANDA products that are the subject of ANDA No. 207087,
`
`in the 12 mg/3 mg dosage strength, do not infringe claims 15-19 of the '832 patent;
`
`ORDERED AND ADJUDGED, for the reasons set forth in the Court's Trial Opinion
`
`dated June 3, 2016 (D.I. 446 in C.A. No. 13-1674), that Final Judgment is hereby entered in
`
`favor of Plaintiffs and against Watson that Watson's ANDA products that are the subject of
`
`2
`
`
`
`Case 1:13-cv-01674-RGA Document 453 Filed 06/28/16 Page 3 of 4 PageID #: 17389
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`ANDA No. 204383, in 2 mg/0.5 mg, 4 mg/I mg, and 8 mg/2 mg dosage strengths, would
`
`infringe claims I5-I9 of the '832 patent if those claims were not invalid under 35 U.S.C. § I03;
`
`ORDERED AND ADJUDGED, for the reasons set forth in the Court's Trial Opinion
`
`dated June 3, 20I6 (D.I. 446 in C.A. No. 13-I674), that Final Judgment is hereby entered in
`
`favor of Plaintiffs and against Watson, that asserted claims 62, 64, 65, 69, and 73 of the '5I4
`
`patent were not shown to be invalid;
`
`ORDERED AND ADJUDGED, for the reasons set forth in the Court's Trial Opinion
`
`dated June 3, 20I6 (D.I. 446 in C.A. No. I3-I674), that Final Judgment is hereby entered in
`
`favor of Plaintiffs and against Watson, that Watson's ANDA products that are the subject of
`
`ANDA Nos. 204383 and 207087, in 2 mg/0.5 mg, 4 mg/I mg, 8 mg/2 mg, and I2 mg/3 mg
`
`dosage strengths, infringe asserted claims 62, 64, 65, 69, and 73 of the '5I4 patent; and it is
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`further;
`
`ORDERED AND ADJUDGED, for the reasons set forth in the Court's Trial Opinion
`
`dated June 3, 20I6 (D.I. 446 in C.A. No. 13-I674), that Final Judgment is hereby entered in
`
`favor of Plaintiffs and against Watson, that claims I, 4, 10, and 13 of the 'I50 patent were not
`
`shown to be invalid;
`
`ORDERED AND ADJUDGED, for the reasons set forth in the Court's Trial Opinion
`
`dated June 3, 20I6 (D.I. 446 in C.A. No. I3-I674), that Final Judgment is hereby entered in
`
`favor of Watson and against Plaintiffs that Watson's ANDA products that are the subject of
`
`ANDA Nos. 204383 and 207087, in 2 mg/0.5 mg, 4 mg/I mg, 8 mg/2 mg, and I2 mg/3 mg
`
`dosage strengths, do not infringe claims I and 4 of the 'I50 patent;
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`ORDERED
`
`that, pursuant to 35 U.S.C. § 27I(e)(4)(A),
`
`the Food and Drug
`
`Administration ("FDA") shall not make the effective date of any final approval of Watson's
`
`3
`
`
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`Case 1:13-cv-01674-RGA Document 453 Filed 06/28/16 Page 4 of 4 PageID #: 17390
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`ANDA Nos. 2043 83 and 207087 earlier than the date of expiration of the '514 patent; and it is
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`further
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`ORDERED that, pursuant to 35 U.S.C. § 271(e)(4)(B), Watson and its officers, agents,
`
`servants, employees, and attorneys, and those persons in active concert or participation with
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`them who receive actual notice of this Final Judgment by personal service or otherwise, are
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`hereby enjoined from the commercial manufacture, use, offer to sell, or sale within the United
`
`States or importation into the United States of the drug product that is the subject of Watson's
`
`ANDA Nos. 204383 and 207087 during the term of the '514 patent; and it is further
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`ORDERED that, in the event that any party appeals this Final Judgment, any motion for
`
`attorneys' fees and/or costs under Fed. R. Civ. P. 54(d) and/or Local Rules 54.1 and/or 54.3,
`
`including any motion that this case is exceptional under 35 U.S.C. § 285, shall be considered
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`timely if filed and served within thirty (30) days after final disposition of any such appeal; and it
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`is further
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`ORDERED that, in the event that no party appeals this Final Judgment, any motion for
`
`attorneys' fees and/or costs under Fed. R. Civ. P. 54(d) and/or Local Rules 54.l and/or 54.3,
`
`including any motion that this case is exceptional under 35 U.S.C. § 285, shall be considered
`
`timely if filed and served within thirty (30) days after the expiration of the time for filing a notice
`
`of appeal under Federal Rules of Appellate Procedure 3 and 4.
`
`Dated this J.2 day of ~\MM.
`
`'2016
`
`RJwd~~
`
`UNITED STATS DISTRICT JUDGE
`
`4
`
`
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