Publish-Trial Finding Of Non-Obviousness Issues
Bayer Pharma AG, et al. v. Watson Laboratories, Corporation., et al., C.A. No. 12-517 – GMS, April 27, 2016.
Sleet, J. Court finds the ‘950 patent-in-suit isn’t apparent and declines to award attorneys charges.
A 6-day bench trial occured from April 6-14, 2015. A legal court views publish-trial findings of fact and conclusions of law associated with validity of U.S. Patent No. 8,613,950 challenged by defendant based on obviousness. The asserted claims cover orally disintegrating tablet formulations of vardenafil hydrochloride trihydrate. A legal court finds that the POSA would recognize concerns of elevated bioavailability and taste on the delayed release ODT formulation, teaching from the claimed subject material. It further rejects the defendant’s argument that the POSA would think it is apparent to make use of mannitol and sorbitol within an ODT. Although defendants haven’t established a prima facie situation of obviousness, the secondary, objective indicia point to a finding of non-obviousness. Defendants’ request attorneys charges is denied.