Depomed, Inc. v. Ivax Corp.

Good Law

532 F. Supp. 2d 1170·2007 WL 4365476·2007 U.S. Dist. LEXIS 91321

United States District Court, Northern District of CaliforniaDecember 12, 2007C 06-00100 CRBCalifornia7,361 words

Opinion

Breyer, J.

MEMORANDUM AND ORDER RE: SUPPLEMENTAL CLAIM CONSTRUCTION AND SUMMARY JUDGMENT MOTIONS

This suit involves the alleged infringement by Ivax Corp. and Ivax Pharmaceuticals, Inc. (collectively, “Ivax”) of two United States patents issued to Depomed, Inc. (“Depomed”). The patents teach compositions and methods for controlled-release drug delivery to the upper gastrointestinal (“GI”) tract, including delivery of highly soluble drugs. The court issued a Claim Construction Order on December 20, 2006, 2006 WL 3782829 .

Now pending before the Court is Depomed’s motion for summary judgment of infringement. Also before the Court are several motions by Ivax, including a motion for supplemental claim construction, and motions for summary judgment of invalidity, no willful infringement and inequitable conduct.

Backgkound

A. Claimed Technology

Depomed is the assignee of U.S. Patent Nos. 6,340,475 (the '475 patent) and 6,635,-280 (the '280 patent), both entitled “Extending the duration of drug release within the stomach during the fed mode.” The '280 patent is a continuation of the '475 patent, which is a continuation-in-part of an application now abandoned. The patents provide substantively…

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