In Reckitt Benckiser Pharmaceuticals Inc., et al. v. Watson Laboratories, Inc., et al., C.A. No. 13-1674-RGA; v. Par Pharmaceutical, Inc., et al., C.A. No. 14-422-RGA (D. Del. June 3, 2016), Judge Richard G. Andrews issued a decision following a bench trial, in which the Court held that one patent-in-suit, while the Defendants’ ANDA products would infringe some of its asserted claims, was invalid. The Court further held the other two patents-in-suit were not invalid, that the Defendants’ ANDA products would infringe the asserted claims of only one of those patents. The patents in this case relate to drugs used for maintenance treatment of opioid dependence.
As to the invalidated patent, the Court held that the term “local pH” in certain claims was indefinite, where “there is no evidence as to a standard type of solvent, volume of solvent, or time at which pH is to be measured.” Id. at 15. The Court also held that the other asserted claims were obvious, but it rejected Defendants’ anticipation arguments. See id. at 16-26. The Court also rejected Defendants’ indefiniteness and obviousness arguments as to two other patents-in-suit, and, as noted above, found that the asserted claims of one of those patents to be infringed.