Generic company prevails on one patent after bench trial in lansoprazole litigation
Takeda Pharmaceutical Company Ltd., et al., v. Teva Pharmaceuticals USA, Inc., et al., Civ. No. 07-331-SLR, November 9, 2009.
Robinson, J. The court finds after a bench trial that the defendant does not infringe U.S. Patent No. 5,464,632.
Plaintiff holds the NDA for lansoprazole delayed released tablets marketed as PREVACID®Solutab™. A bench trial was held from March 9 – 10, 2009 to determine whether the accused ANDA products infringe claim 1 of the ‘632 patent. The court construes “disintegrating agent” to require a causal relationship. Experts Dr. Chambliss and Dr. Reza Fassihi disputed the mechanism of disintegration. The court concludes that plaintiffs failed to prove which component induces the disintegration and rules in favor of the defendant.
