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Chief Judge Gregory M. Sleet: Rule 52(c) Motion Granted for Prior Art References Not Raised at Trial

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In the Court’s post-trial decision in In Re Brominidine Patent Litigation, the Court found that the defendants’ ANDA products infringed the asserted patents and that defendants failed to prove invalidity. MDL Docket No. 07-md-1866-GMS, Memorandum (D. Del. Oct. 23, 2009). In addition, the Court granted plaintiff’s motion for judgment as a matter of law on “numerous prior art references and combinations of references that were not discussed or referred to by any witness at trial.” Id. at 42.

In Re Brominidine Patent Litigation, MDL Docket No. 07-md-1866-GMS, Memorandum (D. Del. Oct. 23, 2009).

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