Wednesday, December 08, 2021

Mylan wins appeal at CAFC on infringement; loses on invalidity

The outcome

AstraZeneca AB and AstraZeneca Pharmaceuticals LP (collectively, “AstraZeneca”) sued Mylan Pharmaceuticals Inc. and Kindeva Drug Delivery L.P. (collectively, “Mylan”) for infringement of all claims of U.S. Patent Nos. 7,759,328; 8,143,239; and 8,575,137 (collectively, the “asserted patents”). After claim construction, Mylan stipulated to infringement and the district court entered judgment accordingly. The district court thereafter held a bench trial on invalidity and determined that Mylan failed to prove by clear and convincing evidence that the asserted claims are invalid as obvious. Mylan appeals from the stipulated judgment of infringement and the final judgment of no invalidity. First, Mylan challenges the district court’s claim construction of “0.001%,” the claimed amount of the excipient PVP, on which the stipulated judgment of infringement was based. For the reasons below, we disagree with the district court’s construction and therefore vacate the judgment of infringement and remand. Second, Mylan challenges several factual findings underlying the district court’s determination of nonobviousness. Because we discern no clear error in the district court’s finding that the prior art taught away from the claimed invention, we affirm the determination of nonobviousness.


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