Judgment Issues For Plaintiffs In ANDA Case

Judgment Issues For Plaintiffs In ANDA Case

Genzyme Corporation, et al. v. Dr. Reddy’s Laboratories, Ltd., et al., C.A. No. 13-1506 – GMS, May 11, 2016.

Sleet, J. The court issues findings of fact and conclusions of law and rules on post-trial motions.  A 4-day trial took place between November 9-13, 2015.

The disputed product is generic forms of plerixafor, which is marketed as Mozobil®.  The parties had previously stipulated to infringement.  The court finds that defendants have not proven that the patents-in-suit is obvious.  Defendants’ expert’s relevance analysis is colored by hindsight.  Furthermore he relies on his own testing rather than prior art. Secondary considerations further support the conclusion of non-obviousness.  The court enjoins defendants from commercially manufacturing, using, offering for sale, selling or importing their generic versions prior to the expiration of the patent-in-suit.

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1 Response

  1. pbug56 says:

    Great conceptually. But some issues. Fi1t, 24 yea1 for Gateway? The existing tunnels will be full of fish long before then. It should take maybe 5 yea1. Plenty of other issues here. For i1tance, part of the congestion at Penn Station NY is that trai1 end there, sit a while, and then have to go to a yard. If trai1 from Long Island ran through to NJ and vice ve1a, not only would there be far better utilization of platform space and trai1, it would be far more practical for Long Islande1 to work in say Newark and vice ve1a. It also requires huge improvements on both side. For i1tance, build the 3rd track to Hicksville, double track to Port Jeff and electrify, speed up the double track to Ronkonkoma. To the west, get the rebuilding of the Lackawanna Cutoff done – quickly, and put in direct fast commuting (and tourist) rail to the Poconos, western NJ, Scranton, even Binghamton and Syracuse all the way to NYC. Gateway will allow much better NJ and Amtrak access to Manhattan and points east. Also, a 2 track connection from Penn NY to Grand Central. And rebuild the line from around Sunnyside to the Rockaways as a subway exte1ion and greatly improve tra1it in Quee1. nnTo do all this, though, you need to find a way to bypass the corrupt and / or inept at PA and MTA, so that projects don’t take many times as much money and time to complete. Bring in real railroading experts with a strong record of accomplishment, and block out the featherbedding and waste so common to regional projects. As an example, someone who works on certain MTA projects told me that there are frequent stoppages in work on the 2nd Ave and East Side Access projects by imported i1pecto1 who are trying to extend their period of employment – they come up with excuses to halt work just to keep their jobs going longer. Our region needs all this and more, but cannot afford more waste and delays.

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