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Litigation Details for Bayer AG v. Dr. Reddy's Lab.Ltd. (D. Del. 2004)

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Bayer AG v. Dr. Reddy's Lab.Ltd. (D. Del. 2004)

Docket ➤ Try a Free Trial Date Filed 2004-03-24
Court District Court, D. Delaware Date Terminated 2007-11-28
Cause 28:1338 Patent Infringement Assigned To Sue Lewis Robinson
Jury Demand None Referred To
Parties BAYER AG; BAYER HEALTHCARE AG; BAYER PHARMACEUTICALS CORPORATION; DR. REDDY'S LABORATORIES, INC.; DR. REDDY'S LABORATORIES, LTD.
Patents 4,602,017; 4,670,444; 4,980,470; 4,990,517; 5,001,161; 5,229,382; 5,607,942
Attorneys David Ellis Moore; Frederick L. Cottrell , III; Kathleen Furey McDonough; Louis H. Weinstein; Maurice Ross; Richard L. Horwitz; Rudolf E. Hutz
Link to Docket External link to docket

Details for Bayer AG v. Dr. Reddy's Lab.Ltd. (D. Del. 2004)

Date Filed Document No. Description Snippet Link To Document
2006-03-03 108 Exhibit 7 BLANK DTX120 US Patent No. 4,670,444 (D120) 6/2/87 Relevance… DRLMOX 033497 – Certified Patent, U.S. Patent No. 3/4/97 033549 … Patent Office cover page (P65) DTX187 DRLMOX 041560 – US Patent No. 4,990,517…DTX244 DLRMOX030842 – Certified Patent, European Patent 1/25/89 Relevance …DTX245 DRLMOX030836 – 30838 Certified Patent, Japanese Patent 10/12/84 Relevance, Hearsay External link to document
2006-10-06 132 (Part 2) claims l, 2, 8, 9 and ll of United States Patent 4,990,517 patent invalid for obviousness under 35 U"… 5 of United States Patent 4,990,517. 4r FIND United States Patent 4,990,51'7 unenforceable for inequitable…any of claims l(}, l2, or 14 ofUnited States Patent 4,990,517 when manufactured, sold, imported, exported…conduct that renders each of United States Patents 4,990,517 and 5,607,94.?. unenforceable Respectfully…later patent is invalid over an earlier patent if: a) the subject matter claimed in the later patent was External link to document
2006-10-06 133 Exhibit A filed a patent infringement suit to protect its rights under U.S. Patent 4,602,017 (the “‘017 patent”) which…of double patenting, “same invention” double patenting and “obviousness-type” double patenting. Same invention…nonstatutory double patenting compares claims in an earlier patent to claims in a later patent or application…than one patent on the same invention if the subject matter is identical to an earlier patent. _§e 35 …variations from the earlier patent. §d. To prevent the issuance of a patent on claims that are nearly identical External link to document
2006-11-08 135 POST Trial Brief Bayer’s two patents~in-suit, U1S1 Patent 4,990,517 (“the ‘5 17 patent”) and U.S. Patent 5,607,942 (“the…‘942 PATENT IS ALSO UNENFORCEABLE Inequitable conduct in a first patent renders a second patent unenforceable…‘942 patent in the earlier ‘5 l 7 patent Bayer’s failure to include the claims of the ‘942 patent as specific…considered by the Examinei‘ of the ‘517 patent before the patent issued i…...,....3 C. The X Ref'erences…asserted claims of the ‘942 patent are invalid for obviousness-type double patenting 1111111111111111111111111111111111111111111111 External link to document
2007-01-09 137 Exhibit Federal Circuit opinion in Lilly v. Zenith Goldline Pharms, Inc. for infringement of United States Patent No. 5,229,382 ( 382 patent). Following a two and one-half week… Cited as Prior Art. 5,229,382. Valid and infringed Appealed from United States District Court for the…WGG(I.IZ) 291 Patents 29lII Patentability 29 l II(D) Anticipation 2911<63 Prior Patents 29lk66 Operation…to make patented drug from article 35 U.S.C.A. § 102. 121 Patents 291 tYWSI¢¢(S) 291 Patents 291XII …35 U.S.C.A. § 102. [5] Patents 291 W66(l.12) 291 Patents 29111 Patentability 29llI(D) Anticipation 29lk63 External link to document
2007-07-24 140 Letter issued as U.S. Patent No. 5,001,161 (the ’i€t Patent). The oniy claim of the "l61 Patent reads: “A pharmaceutical…161 and ’154 Patents as doubte patenting over Lejus’s ’318 Patent. C|aim 6 ct the ’318 Patent claims an …owned patent is invalid for obvious~type double patenting A later patent claim is not patentably distinct…that a second patent is invalid for double patenting when the invention of the second patent is fully disclosed…decision that a patent Was invalid for double patenting fn re Metoprolol Succinate Patent Litigation, No External link to document
Date Filed Document No. Description Snippet Link To Document

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