Glaxo Wellcome, Inc. v. Impax Laboratories, Inc.

MEMORANDUM AND ORDER

On September 28, 2000, Glaxo Wellcome, Inc. filed this patent infringement action against IMPAX Laboratories, Inc. Plaintiff seeks preliminary and final injunctions enjoining further infringement. Now before the court is defendant’s motion for summary judgment and plaintiffs motion for sua sponte summary judgment. Having considered the parties’ arguments and for the reasons set forth below, the court enters the following memorandum and order.

BACKGROUND

Plaintiff Glaxo Wellcome (“Glaxo”) is a pharmaceutical company based in Research Triangle Park, North Carolina. Glaxo is the ower of U.S. Patent No. 4,523,798 (“the ’798 patent”) covering sustained release Wellbutrin® and Zyban®, bupropion hydrochloride tablets marketed to treat depression and aid smoking cessation. Glaxo has marketed an instant release form of these products since 1989. The ’798 patent was awarded, however, in recognition of the sustained-release element (hydroxypropyl methylcellulose, “HPMC”) that Glaxo had added to the formulas, allowing users to reduce daily intake to two tablets.

The ’798 patent includes nineteen claims. Glaxo alleges that IMPAX’s generic product infringes five of…