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Chief Judge Stark denies parties’ joint request for the Court to vacate its Claim Construction Opinion

Chief Judge Leonard P. Stark recently considered the parties’ stipulation requesting the Court vacate its Claim Construction OpinionForest Laboratories, Inc., et al. v. Teva Pharmaceuticals USA, Inc., et al., Nos. 14-121-LPS, 14-686-LPS (D. Del. May 25, 2016).  The Court held a 4-day bench trial in February 2016 and the 30-month stay of FDA approval for Defendant’s ANDA ended on June 21, 2016.  Id. at 1.  Judge Stark found that the “public interest in the orderly operation of the federal judicial system” weighed against vacatur, particularly considering that the Court’s Opinion held terms of several of the patents-in-suit indefinite and plaintiffs are asserting the patents in other litigation.  Id. at 3-4.  Vacating the Opinion would be “at the expense of the interests of other parties in other litigation and the Court itself.”  Id. at 4.

Forest Laboratories v. Teva Pharmaceuticals, No. 14-121-LPS

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