30), infringed the '830 patent, which covers a topical ophthalmic solution comprised
the active ingredient moxifloxacin hydrochloride.
In an opinion dated October 19, 2009, the court found that claim 1
the '830patent was valid and infringed.
its October 19, 2009 order
12), thecourt instructed the Clerk
Court to enter final judgment in favor
Alcon, but did notorder injunctive relief or an FDA approval date for Teva's ANDA. Presently before thecourt
Alcon's motion to amend the judgment
126) pursuant to Federal Rule
Civil Procedure 60(a},2 requesting a declaration
the effective date
ANDA No. 78-073 under 35 U.S.C.
(e)(4)(A) and the entry
a permanent injunction under 35U.S.C.
Date. As a preliminary matter, Alcon
entitled to a declaration thatthe Food and Drug Administration ("FDA") may not approve Teva's ANDA prior toMarch 30, 2020. Under section
(e)(4)(A) of Title 35, when the filing
found to be an infringing act, "the court
order the effective date
involved in the infringement to be a date which is not earlier than the date
the patent which has been infringed." (emphasis added) The '830patent expires twenty years after the September 29, 1999 filing date
its parent2Corrections Based on Clerical Mistakes; Oversights and Omissions. The courtmay correct a clerical mistake or a mistake arising from oversight
omission whenever one
found in a judgment, order, or other part
therecord. The court may do so on motion or on its own, with or withoutnotice. But after an appeal has been docketed
the appellate court andwhile it is pending, such a mistake may be corrected only with theappellate court's leave.Fed.