VIIV Healthcare UK Ltd, et al. v. Lupin Ltd., et al., C.A. No. 11-576 -RGA , December 17, 2013

Andrews, J. Post-trial opinion holds that plaintiff has failed to prove infringement with respect to one defendant and defendants have not proven invalidity by clear and convincing evidence.

 In this ANDA case, the disputed patent-in-suit relates to Synergistic Combinations of Zidovudine used for treating HIV infection. A four and a half day trial took place June 24-28, 2014. One defendant successfully claimed it did not infringe because the use of abacavir sulphate is not encompassed by the abacavir limitation of the asserted claims. There is no DOE infringement because the properties of a salt are distinct from those of the free base form. Defendants failed to prove that any of the asserted claims were obvious. Defendant’s contention of lack of enablement of the method claims as encompassing inoperable embodiments is rejected.