Intellectual Property Law

Federal Circuit upholds Judge Robinson?s decision that Teva's ANDA product does not infringe Takeda's patent

By Karen E. Keller, Andrew A. Lundgren et al.

The Federal Circuit has affirmed, without discussion, Judge Robinson?s decision in Takeda Pharma. Co. Ltd. v. Teva Pharma. USA Inc., C.A. No. 07-331-SLR (D. Del. Nov. 9, 2009) (Robinson, J.), that Takeda failed to prove that Teva?s ANDA products infringe Takeda?s patent.

In her opinion, Judge Robinson had emphasized the importance of a patentee's conduct during prosecution for later claims of infringement. In the underlying action, the patentee alleged that defendant's ANDA product, which covered an oral tablet that dissolved without water, contained distinct disintegrating and swelling agents, as required by the patent. The Court disagreed, resting its conclusion of non-infringement in part on the patentee's own disavowal of the purportedly infringing disintegrating agent.

Full post as published by Delaware IP Law Blog on January 27, 2010 (boomark / email).