Patents-in-suit are found invalid for lack of enablement

Posted on March 21, 2011 by Morris James LLP

Cephalon, Inc. and Cima Labs, Inc. v. Watson Pharmaceuticals, et al., Civ. No. 08-330-SLR, March 11, 2011.

Robinson, J.  Court issues post trial opinion finding against plaintiffs on infringement and in favor of defendants finding that the asserted claims of the patents-in-suit are invalid for lack of enablement.

This action arises out of an ANDA filing by defendant for a generic version of Fentora® used to treat breakthrough pain in cancer patients.  As a result of the ANDA filing, plaintiffs filed an infringement suit (relating to the ‘605 and ‘509) patents and amended the complaint to seek a declaratory judgment of infringement of the ‘981 which is directed to a method for oral transmucosal drug delivery.  Defendants assert defenses and counterclaims of noninfringement and invalidity.  Following a bench trial, the court finds that plaintiffs have failed to prove that defendant infringes the patents-in-suit and that the claims for the patents-in-suit are not enabled.  In reaching the decision, the Court construes three disputed terms.
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