WARNER CHILCOTT LABORATORIES IRELAND LIMITED et al v. IMPAX LABORATORIES, INC. et al

Filing 302

ORDER OF JUDGMENT; Final Judgment in favor Mylan on the issue of patent infringement; Final Judgment in favor Impax on the issue of patent infringement; Final Judgment in favor of Plaintiffs on the issue of anticipation; Final Judgment in favor of Plaintiffs on the issue of obviousness; TRO dissolved, etc. Signed by Judge William J. Martini on 4/30/12. (gh, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

WARNER CHILCOTT LABORATORIES
IRELAND LIMITED, et al.,

Civ. No. 2:08-cv-06304 (WJM)

Plaintiffs,
ORDER OF JUDGMENT

v.
IMPAX LABORATORIES, INC., et al.,
Defendants.

WARNER CHILCOTT LABORATORIES
IRELAND LIMITED, et al.,

Civ. No. 2:09-cv-02073 (WJM)

Plaintiffs,
v.
MYLAN PHARMACEUTICALS INC., et al.,
Defendants.

WARNER CHILCOTT LABORATORIES
IRELAND LIMITED, et al.,
Plaintiffs,
v.
IMPAX LABORATORIES, INC.,
Defendant.

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Civ. No. 2:09-cv-01233 (WJM)

THIS MATTER comes before the Court on a Complaint filed by Warner Chilcott
Company, LLC, Warner Chilcott (US), LLC, and Mayne Pharma International Pty. Ltd.
(collectively, “Plaintiffs”) against Mylan Pharmaceuticals Inc. and Mylan Inc. (“Mylan”)
and Impax Laboratories, Inc. (“Impax”) (collectively, “Defendants”), alleging that
Defendants infringed United States Patent No. 6,958,161 (“the ’161 Patent”); this matter
having been tried before this Court; and the parties having completed post-trial briefing;
and for the reasons set forth in the accompanying Opinion; and for good cause appearing;
IT IS on this 30th day of April 2012, hereby,
ORDERED that Mylan’s motion for judgment on partial findings under Federal
Rule of Civil Procedure 52(c) is DENIED; and it is further
ORDERED that Impax’s motion for judgment on partial findings under Federal
Rule of Civil Procedure 52(c) is DENIED; and it is further
ORDERED that Mylan’s Daubert motion to preclude Plaintiffs from offering
evidence related to Dr. Davies’s humidity treatment (Docket No. 09-cv-2073, ECF No.
120) is GRANTED; and it is further
ORDERED that Impax’s Daubert motion to preclude certain testimony of Dr.
Davies (Docket No. 08-cv-6304, ECF No. 233) is GRANTED; and it is further
ORDERED that Final Judgment is hereby entered in favor of Mylan on the issue
of patent infringement, finding that Mylan’s generic products, described in Abbreviated
New Drug Application (“ANDA”) Nos. 90-431 and 91-052, do not infringe the ’161
Patent; and it is further

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ORDERED that Final Judgment is hereby entered in favor of Impax on the issue
of patent infringement, finding that Impax’s generic products, described in ANDA Nos.
90-505 and 91-132, do not infringe the ’161 Patent; and it is further
ORDERED that Final Judgment is hereby entered in favor of Plaintiffs on the
issue of anticipation, finding that the ’161 Patent is valid and not anticipated by United
States Patent No. 5,413,777; and it is further
ORDERED that Final Judgment is hereby entered in favor of Plaintiffs on the
issue of obviousness, finding that the ’161 Patent is valid and not obvious in light of prior
art; and it is further
ORDERED that the Temporary Restraining Order entered on February 8, 2012
(Docket No. 08-cv-6304, ECF No. 269 and Docket No. 09-cv-2073, ECF No. 133)
enjoining Mylan from launching a generic version of Doryx® 150 mg doxycycline
hyclate delayed release tablets is DISSOLVED; and it is further
ORDERED that Mylan’s request for attorneys’ fees under 35 U.S.C. § 285 is
DENIED; and it is further
ORDERED that Impax’s request for attorneys’ fees and expert fees under 35
U.S.C. § 285 is DENIED.

/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.

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