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Chief Judge Sleet issues findings of fact and conclusions of law invalidating patents

The Court recently issued its findings of facts and conclusions of law following a 7 day bench trial in an ANDA case related to alleged infringement by Watson, Sandoz, and Paddock Laboratories of four patents (the ‘978, ‘359, ‘448, and ‘635 patents) that were listed in the Orange Book in connection with SANCTURA XR®, a once-a-day form of tropsium chloride used to treat overactive bladder. Allergan, Inc., et al. v. Watson Laboratories, Inc.-Florida, et al., C.A. No. 09-511 (GMS) (D. Del. Mar. 31, 2012). The Court directed the Clerk of Court to enter final judgment based on its findings that (1) the asserted claims of the patents-in-suit are invalid due to obviousness; (2) the asserted claims of the patents-in-suit are not invalid due to anticipation; (3) asserted claim 1 of the ‘978 patent and asserted claim 1 of the ‘449 patent are not invalid due to indefiniteness; (4) asserted claim 1 of the ‘359 patent is not invalid for failure to meet the written description requirement; and (5) the defendants’ proposed products infringe the asserted claims of the patents-in-suit assuming, arguendo, they are not invalid.


Allergan, Inc., et al. v. Watson Laboratories, Inc.-Florida, et al., C.A. No. 09-511 (GMS) (D. Del. Mar. 31…

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