Joseph J. Farnan: Invalidity Holding Trumps Infringement Reference in Final Judgment

Following post-trial decisions on invalidity and evidentiary matters earlier this year, District Judge Joseph J. Farnan Jr. has entered a final judgment in the Boehringer/Mylan Pharmaceuticals ANDA litigation. In its June 2008 decision, the Court held the patent-in-suit infringed but invalid. In negotiating the subsequent final judgment, the parties disputed whether the Court should memorialize its finding of infringement. After the parties submitted competing proposals, the Court, without comment, chose to omit any reference to its infringement finding.

Boehringer Ingelheim Int’l GMBH v. Barr Labs. et al., C.A. No. 05-700-JJF (D. Del. Sept. 18, 2008) (Farnan, J.).

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