Merck Sharp & Dohme v. Warner Chilcott

On August 26, 2016, the U.S. District Court for the District of Delaware issued a final decision in the patent infringement action filed by Merck Sharp & Dohme B.V. (“Plaintiff”) against Warner Chilcott Company (“Defendant”).  In the decision, which was issued after a four-day bench trial, the Court held that the asserted claims of the asserted patent, namely, U.S. Patent No. 5,989,581 (“the ‘581 Patent”) were (i) not invalid as anticipated under 35 U.S.C. § 102(b), and (ii) invalid as obvious under 35 U.S.C. § 103.  In the underlying case, the Plaintiff brought suit against the Defendant for infringing various claims of the ‘581 Patent via its Abbreviated New Drug Application (ANDA) filing.  The ‘581 Patent, which is assigned to Akzo Nobel N.V., is drawn to a drug delivery system comprising a compartment with a thermoplastic core and a thermoplastic polymer skin covering the core.  This case remains pending and is captioned 1-13-cv-02088.

By: Jacqueline A. DiRamio

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