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Litigation Details for Cephalon Inc. v. Barr Laboratories (D. Del. 2005)

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Cephalon Inc. v. Barr Laboratories (D. Del. 2005)

Docket ➤ Sign Up Date Filed 2005-01-20
Court District Court, D. Delaware Date Terminated 2006-02-06
Cause 35:271 Patent Infringement Assigned To Joseph James Farnan Jr.
Jury Demand Defendant Referred To
Parties BARR LABORATORIES, INC.; CEPHALON INC.; UNIVERSITY OF UTAH RESEARCH FOUNDATION
Patents 3,996,934; 4,060,084; 4,588,580; 4,671,953; 4,743,450; 4,863,737; 5,248,699
Attorneys Chad Michael Shandler; Karen Elizabeth Keller; Kevin M. Baird; Richard H. Morse
Link to Docket External link to docket
Small Molecule Drugs cited in Cephalon Inc. v. Barr Laboratories
The small molecule drugs covered by the patents cited in this case are ➤ Sign Up , ➤ Sign Up , ➤ Sign Up , ➤ Sign Up , ➤ Sign Up , ➤ Sign Up , ➤ Sign Up , ➤ Sign Up , and ➤ Sign Up .

Details for Cephalon Inc. v. Barr Laboratories (D. Del. 2005)

Date Filed Document No. Description Snippet Link To Document
2005-03-25 19 Answering Brief in Opposition paragraph IV” certification to U\`S. Patent No~ 4,863,737 (“the ‘737 patent”), which, upon information and …product prior to expiration of the ‘737 patent because that patent is either invalid or will not be infringed…expiration of the ‘737 patent; and (2) set forth Barr’s basis for believing tiiat patent to be invalid and/…drugs, particularly in cases involving patents that are patently frivolous and for Which brand name manufacturers…Court of jurisdiction over Barr’s counterclaim for patent non»infr'ingement and invalidityn They are External link to document
2005-04-06 25 Exhibit A version of Pfizer‘s patented drug Accupril(R) will not infringe lw,lw§n_ Patent No. 4 743_450 ("the '…different United States patents; the '5i8 patent and the ‘699 patent Tlle ‘518 patent is directed towards…every patent holder tvho listed a patent, thereby eliminating the second prong of the test A patent holder…the '699 Fatent and U.S. Patent No. 4.356.5l8 (tlie " ‘518 patent"i I. Statenient of Facts… of 20 Page 2 tltis patent expires on Decetnber 30, 2005\ _The '699 patent covers setraline in a External link to document
2005-05-12 30 Notice (Other) the ‘737 patent” shall mean U.S. Patent No. 4,863,737. the ‘953 patent” shall mean U.S. Patent No. 4,671,953… of the ‘953 patent, the ‘953 patent, the prosecution of the ‘737 patent, ‘the 737 patent, or any foreign…or entity of the patent application(s) leading up to the issuance of the ‘737 patent 3. The arguments…United States Patent and Trademark Office during the examination or prosecution of the ‘737 patent, including…United States Patent and Trademark Office during the examination or prosecution of the ‘953 patent, Which relates External link to document
2005-05-17 31 Exhibit 1 before the expiration date of U.S. Patent No. 4,863,737 (the “‘737 Patent”). By filing ANDA No. 77-312, Barr… appearing in the Patent-in-Suit and/or the patent application from which the Patent-in~Suit issued. …the Patent-in-Suit, including a detailed explanation of its asserted construction for these patent claims…the ‘737 Patent, constitutes infringement of one or more of the valid claims of the ‘737 Patent under 35…described in the Patent-in-Suit and/or in connection with the prosecution of the Patent-in-Suit, regardless External link to document
2005-07-08 37 Exhibit A Brief on Claim Construction for U.S. Patent No. 4,863,737 ('737 Patent) filed by Cephalon Inc., University…any claim that patent was infringed under doctrine of equivalents Allirmed. {I] Patents ‘€>':~…counterclaims {2] Patents €"-‘1”'226,6 291k226. 6 Most Cited Cases Determining patent infringement…device or process §'3] Patents @”324.5 291k.324\5 Most Cited Cases Patent claim construction is an… reviews dc novo [4] Patents $DSI¢(S) 2911<314(5) Most Cited Cases Patent infringement whether literal External link to document
2005-07-08 38 Exhibit 1 3,943.928 3/1976 Lnriccin et al. .. .. .1 128/260 3,996,934 12/197`6 Z.afi`nroni .. 1 .. 125/168 4,060,084…Brief on Claim Construction for U.S. Patent No. 4,873,737 ('737 Patent) by Cephalon Inc., University of Utah…Stat€$ .Pat€l}t §§9} gm Patent Number: 4,863,737 Stanley et al. {451 Date of Patent: Sep. 5, 1989 [54] COMPOSI… Of (List continued on next page.) s . . OREIGN PATENT DOCUMEN`IS [73] Asstgnee: Um'versity of Utah…/08/2005 Page 3 of 21 4,363,737 Pnge 2 U S PATENT DOCUMENTS 3,34§,414 9/1967 Che:kas et External link to document
2005-07-20 40 Letter Opening Brief On Claim Construction For U..S. Patent No 4,863,737 (“Briei”) on July 8, 2005 At that time, as…unchanged in the wake ot` Phillips Interpreting a patent ciaim is still primariiy a matter of reading the…art, Who is deemed to read the words used in the patent documents (inciuding the specification) With an…judge who encounters a claim term while reading a patent might consult a general purpose or dictionary to…the ter‘ni, before reviewing the remainder of the patent to determine how the patentee has used the term External link to document
Date Filed Document No. Description Snippet Link To Document

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