Collateral estoppel does not bar litigation of narrower reexamined claims

Senju Pharmaceutical Co., LTD, Kyorin Pharmaceutical Co., LTD., and Allergan, Inc. v. Lupin Limited and Lupin Pharmaceuticals, Inc., Civ. No. 11-271-SLR, December 7, 2012.

Robinson, J.  Motion for judgment on the pleadings is granted in part and denied in part.

The technology at issue is directed to aqueous liquid pharmaceutical compositions comprising gatifloxacin and disodium edetate.  Plaintiff amended its complaint to add narrower reexamined claims.  Defendant moved for judgment on the pleadings asserting, inter alia, the Court’s prior finding of invalidity of the broader original claim(s) barred litigation of the reexamined claims under the doctrine of collateral estoppel.  The Court disagreed, reasoning, inter alia, that the Court did not specially make findings for a claim with the limitation found in the reexamined claims.  The motion was granted as to one of the reexamined claims, presumably because it contained the same limitation as the original claims.

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