Thursday, September 06, 2018

TWi loses appeal at CAFC

The CAFC affirmed DNJ in the TWi/Supernus case:

TWi Pharmaceuticals, Inc. (“TWi”) appeals from a decision
of the United States District Court for the District
of New Jersey holding, after bench trial, that Supernus
Pharmaceuticals, Inc.’s (“Supernus”) U.S. Patent Nos.
7,722,898 (“the ’898 patent”), 7,910,131 (“the ’131 patent”),
and 8,821,930 (“the ’930 patent) (collectively, “the
asserted patents”) are not invalid and would be infringed.
Supernus Pharms., Inc. v. TWi Pharms., Inc., 265 F.
Supp. 3d 490 (D.N.J. 2017). For the following reasons, we

Of arguments by appellant which did not prevail:

First, the district court did not give its decision in Actavis
de facto preclusive effect in this case. The district
court explicitly stated in its post-trial decision that its
decision in Actavis has “some relevance to this action,”
but that its “findings of fact and conclusions of law set
forth [in this post-trial decision] are based upon the
evidence and argument presented in this litigation.”
Supernus, 265 F. Supp. 3d at 497 n.6. The district court
adhered to this position throughout its analysis. TWi
disagrees and contends that the district court improperly
relied on its decision in Actavis in three ways, each of
which we address below.


But, as noted above, the district
court referenced Actavis only to the extent that the
records in the two cases were the same. For these reasons,
the district court did not err in referencing Actavis
in its decision in this case. The Actavis decision also does
not color our decision-making on appeal.


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