Judge Sleet denies motion for judgment on the pleadings.

Judge Gregory M. Sleet recently denied a motion for judgment on the pleadings seeking a ruling as a matter of law that an Alzheimer’s disease drug which was not FDA approved for treatment of “pain related to wind up” could not infringe a patented “method for the therapeutic treatment of pain related to wind up in a human or animal.”  Teva Pharmaceuticals USA, Inc., et al. v. Forest Laboratories, Inc., C.A. No. 13-2002-GMS (D. Del. Mar. 25, 2015).  Judge Sleet explained that “the Court cannot say—at this initial stage—that Namenda XR does not infringe the ’000 Patent as a matter of law, even though its FDA-approved label does not include an indication for pain treatment (resulting from wind up, or otherwise).”  Rather, “claim construction, followed by summary judgment, “is more appropriate for addressing [the defendant’s] contentions.”

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