Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc.

MEMORANDUM OF DECISION FINDING IN FAVOR OF DEFENDANTS AMPHASTAR PHARMACEUTICALS, INC. AND TEVA PHARMACEUTICALS USA, INC. ON THE RELATED ISSUES OF INTENT TO DECEIVE THE PATENT AND TRADEMARK OFFICE AND INEQUITABLE CONDUCT

I. INTRODUCTION

This case was commenced before District Judge Robert J. Timlin. Aventis Pharma S.A. and Aventis Pharmaceuticals, Inc. (collectively, “Aventis” ) brought suit against Amphastar Pharmaceuticals, Inc. (“Amphastar”) and Teva Pharmaceuticals USA, Inc. (“Teva”) (collectively, “Defendants”) for infringement of Aventis’ patent, U.S. Patent No. 5,389,618, and its replacement, U.S. Reissue Patent No. 38,743 (collectively, “the ’618 patent”). The case was transferred to this Court for all further proceedings on June 27, 2006. A bench trial on inequitable conduct was held December 4 through December 8, 2006. The Court limited its inquiry to Aventis and its agents’ intent in failing to disclose highly material information to the United States Patent and Trademark Office (“PTO”). Based on consideration of the evidence adduced at trial and the post-trial arguments made by counsel, the Court concludes as follows:

II. BACKGROUND

Heparin is an anticoagulant used…