Smithkline Beecham Corp. v. Apotex Corp.

SmithKline Beecham Corporation and SmithKline Beecham, P.L.C. (collectively SmithKline”) brought suit against Apotex Corporation, Apotex Inc., and Torpharm, Inc. collectively “Apotex”) for infringement of SmithKline’s patent, U.S. Patent No. 6,113,944 (“‘944 patent”). Apotex moved for summary judgment, arguing that the ‘944 patent was invalid. The district court granted summary judgment to Apotex. We agree that the claims of the ‘944 patent are invalid and thus affirm.

Download the decision.