Fresenius Kabi USA, LLC, Plaintiff, v. Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc., Defendants. Fresenius Kabi USA, LLC, Plaintiff, V. Watson Laboratories, Inc. and Actavis, Inc., Defendants. ORDER Civil Action No. 13-925-RGA Civil Action No. 13-1015-RGA As discussed during the pretrial conference held on May 23, 2014, it is ordered: 1. Plaintiffs Motion in Limine is DENIED. 2. Defendants' Motion in Limine No. 1 is DENIED. 3. Defendants' Motion in Limine No. 2 is DENIED. 4. I have re-read Sunovion Pharm., Inc. v. Teva Pharm. USA, Inc., 731F.3d1271, 1273 (Fed. Cir. 2013). Defendants essentially ask that I refuse to apply Sunovion to infringement under the Doctrine of Equivalents. I see no reason to do so, and even if I did it would likely be reversible error. Defendants point out that Sunovion was a much clearer case of infringement i I I l than this one, but that does not warrant disregarding the law of the Federal Circuit. There the Court held that "any so-called certification pledging not to infringe cannot override the conclusion that when a drug manufacturer seeks FDA approval to market a generic compound within the scope of a valid patent, it is an infringement as a matter of law." Sunovion, 731 F.3d at 1280. The Court did not say "a generic compound which literally infringes" a valid patent. The Doctrine of Equivalents is "within the scope" of a valid patent. Furthermore, Sunovion is not the only case directing that an ANDA specification guide the question of infringement. See, e.g., Abbott Labs. v. TorPharm, Inc., 300 F.3d 1367, 1373 (Fed. Cir. 2002). Defendants' Motion in Limine No. 4 is DENIED. (_{) Entered this {3 day of May, 2014. I I I
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)
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