2008-1150 Warner-Lambert v. Teva Pharm

Posted on | February 6, 2008 | No Comments

D/NJ 99-cv-922

4,743,450 is
directed to pharmaceutical compositions containing an ACE inhibitor stabilized against
cyclization and oxidative discoloration, and a process for so stabilizing. Warner-Lambert sued based on Teva’s
ANDA filing and, the Court granted summary judgment of not invalid by reason of
non-enablement. The Federal
Circuit reversed due to a lack of express findings in the summary judgment and,
on remand, enablement was tried to Court. Senior Judge Debevoise found that the claims were not invalid. Teva had argued that the broad scope of
the claims was not supported by the narrow disclosure and that the some of the disclosed
formulations were non-operative.

The ‘450
patent expired in February 2007, approx. 3 months before enablement was
tried. The parties stipulated that
the District Court would not lose subject matter jurisdiction because the
patent expired, and agreed that they would not appeal or challenge such
post-expiration jurisdiction. Of course, the Federal Circuit could take up this issue de novo.

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