After a 3-day bench trial in an ANDA case, Judge Sleet recently found that defendant’s proposed product did not infringe plaintiffs’ patent. Astrazeneca LP v. Mylan Pharms. Inc., C.A. No. 08-453-GMS (D. Del. June 23, 2011). In the Memorandum, Judge Sleet warned future parties about the tone they take in submissions to the court. In its post-trial brief, Astrazeneca mocked Mylan’s expert for failing to produce evidence in support of an analogy comparing ethycellulose to pasta, criticizing the analogy as a ‘“creative explanation [that] was supported by no experimental results or scientific observations (from either the laboratory or the kitchen).”’ Id. at 11 n.8. (alteration in original). Mylan mocked Astrazeneca’s expert’s explanation of material he examined by stating in their reply brief ‘“In their excitement to hear that Dr. Davies found something in the bottom of his Petri dish . . .”’ Id.
Judge Sleet warned future parties “that such condescension is unbecoming an attorney appearing before a federal court, and is in no way constructive or beneficial to the court’s task of weighing the evidence presented at trial and reaching its findings of fact and conclusions of law.” Id.