Patent claim is found obvious in view of prior art
Senju Pharmaceutical Co. Ltd., et al. v. Apotex Inc. and Apotex Corp., Civ. No. 07-779-SLR, December 20, 2011.
Robinson, J. The court issues findings of fact and conclusions of law.
Plaintiff in this ANDA case moved for a new trial or, alternatively, to amend the judgment and findings regarding claim 7 of its patent. The court had found the claim obvious. Plaintiff asserted defendants’ improper reliance on certain evidence at trial as a basis for its motion. The court reopened the record and conducted a further hearing to determine whether the inverse relationship between solubility and precipitation was obvious to a person of skill in the art. Following the hearing, the Court again found that defendants had proven the obviousness of claim 7. The record reflected wide acceptance of the scientific principle that solubility and precipitation are inversely related.
