Discovery on antitrust and patent misuse claims is stayed
Eurand Inc., Cephalon Inc., and Anesta AG v. Mylan Pharmaceuticals Inc., et al., Civ. No. 08-889-SLR, October 1, 2009.
Robinson, J. Plaintiffs’ motion to sever and stay discovery on antitrust and patent misuse claims is granted.
The invention relates to cyclobenzaprine hydrochloride capsules used as a skeletal muscle relaxant. The Court finds that bifurcation of the antitrust case, which defendants do not oppose, results in judicial economy. The patent misuse issues are closely aligned with antitrust issues as both inquire into anticompetitive behavior. The Court notes the absence on evidentiary overlap in the infringement and validity issues on the one hand, and the patent misuse and antitrust issues on the other.
