Takeda Pharmaceutical Co. v. TWi Pharmaceuticals, Inc.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT

Re: Dkt. Nos. 143, 144

Before the Court are the parties’ summary judgment motions. Defendant TWi Pharmaceuticals, Inc. (“TWi”) moves for summary judgment on all four counts of the complaint filed by Plaintiffs Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc., and Takeda Pharmaceuticals America, Inc. (collectively, “Takeda”). ECF No. 143 (“TWi MSJ”). Takeda moves for summary judgment on TWi’s affirmative defenses of inequitable conduct. ECF No. 144 (“Takeda MSJ”). Having considered the parties’ written submissions and their oral arguments at the April 9, 2015 hearing, the relevant law, and the record in this case, the Court hereby GRANTS in part and DENIES in part the parties’ summary judgment motions.

I. BACKGROUND

A. The Drug and Asserted Patents

Takeda manufactures and sells Dexi-lant®, a drug for treatment of gastroeso-phageal reflux disease (“GERD”), commonly known as acid reflux disease. See *1268 ECF No. 104 (First Am. Answer and Counterclaims) at 14-15. The active ingredient in Dexilant® is dexlansoprazole, which belongs to a class of compounds known as proton pump…