Galderma Laboratories L.P. et al v. Dr. Reddy's Laboratories Ltd. et al

Filing 91

MEMORANDUM ORDER re 50 MOTION for Leave to File Motion for Summary Judgment filed by Dr. Reddy's Laboratories Inc., Promius Pharma LLC, Dr. Reddy's Laboratories Ltd. is DENIED. Signed by Judge Leonard P. Stark on 10/17/16. This order has been emailed to local counsel. (ntl) (Main Document 91 unsealed and replaced on 10/18/2016) (ntl). Modified on 10/18/2016 (ntl).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GALDERMA LABORATORIES, L.P;
NESTLE SKIN HEALTHS.A.; and
TCD ROYALTY SUB, LLC,
Plaintiffs,
C.A. No. 15-670-LPS

v.

DR. REDDY'S LABORATORIES, LTD.;
DR. REDDY'S LABORATORIES, INC.; and
PROMIUS PHARMA, LLC,
Defendants.

MEMORANDUM ORDER
Having reviewed the parties' briefing and related materials concerning Defendants'
motion for leave to file motion for summary judgment (D.I. 50; see also D.l. 52, 54, 61), IT IS
HEREBY ORDERED that Defendants' motion (D.I. 50) is DENIED.
With respect to the Ashley Patents, while Defendants may ultimately be able to prevail in
showing that collateral estoppel applies to Plaintiffs' assertion of infringement by the doctrine of
equivalents (an issue the Court does not today decide), the parties dispute whether this issue was
"actually litigated" in earlier cases, and further dispute whether Plaintiffs' contentions would
vitiate a claim limitation. The Court will be in a better position to fully and fairly evaluate these
issues during and/or after trial. (In this regard, it is noteworthy that even granting Defendants'
motion would not eliminate the need for trial, as the motion is directed only to eight of the ten
patents-in-suit.)
With respect to the Chang Patents, there are genuine disputes of material fact as to

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whether, under the doctrine of equivalents, a formulation consisting of "modified release" pellets
demonstrating a release profile substantially the same as the claimed release profile resulting
from claimed combinations of immediate and delayed release pellets is infringing. Trial will be
necessary to resolve these disputes.
The parties shall meet and confer and shall, no later than October .19, submit a proposed
redacted version of this Memorandum Order.

October 17, 2016
Wilmington, Delaware

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