Judge Andrews issues post-trial opinion in Novartis Exelon® suit, finding no infringement

Judge Richard G. Andrews recently issued a post-trial opinion in Novartis’s suit over the generic version of its Exelon® transdermal patch.  Novartis Pharmaceuticals Corp., et al. v. Par Pharmaceutical, Inc., et al., C.A. No. 11-1077-RGA (D. Del. Aug. 29, 2014).  Novartis alleged that Par’s Abbreviated New Drug Application (“ANDA”) for a “rivastigmine transdermal system” infringed its U.S. Patent Nos. 6,335,031 and 6,316,023.  Id. at 1.  After a two-day bench trial the Court determined that Novartis failed to prove that Par’s ANDA infringed the patents-in-suit.  Id. at 2.  Because defendant’s counterclaim of invalidity was “based upon a finding of infringement,” the Court did not reach the issue of invalidity.  Id. at 2 n.5.

Click through to read the Novartis opinion.

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