Amended complaint alleging sales results in jury trial in pharma case
Sepracor Inc. v. Dey L.P. and Dey, Inc., Civil Action No.06-113-JJF, July 15, 2010.
Farnan, J. Plaintiff’s motion to file and amended and supplemental complaint and jury demand is granted.
The patents-in-suit pertain to the use of levalbuterol hydrochloride for treating reversible obstructive airway disease, such as asthma and chronic bronchitis. Plaintiff seeks to add Defendant’s parent companies and raise new claims based on the sale of the accused generic product. The court finds no undue delay in seeking the amendment one month after the parent companies acquired defendant. The court declines to bifurcate liability and damages in this case. Since bifurcation is not granted, the claims are no longer exclusively equitable in nature, and a jury trial will be held on infringement, validity, and damages. The court will hear evidence of inequitable conduct outside the presence of the jury.
