This is a consolidated multidistrict patent infringement litigation. Plaintiffs AstraZeneca AB, Aktiebolaget Hässle, and AstraZeneca LP (collectively “Astra”) filed multiple suits in various district courts asserting that the Abbreviated New Drug Applications (“ANDA”) filed respectively by Defendants KV Pharmaceutical Co. (“KV”), Andrx Pharmaceuticals, LLC, and Andrx Corp. (collectively “Andrx”), and Eon Labs, Inc. (“Eon”) under 21 U.S.C. § 355(j) infringe Astra’s patents. Specifically, Astra alleged that Defendants’ ANDAs seeking approval from the Food & Drug Administration to manufacture and market generic versions of Toprol-XL® infringed Astra’s patents pursuant to 35 U.S.C. § 271(e). The Judicial Panel on Multidistrict Litigation consolidated the suits in the District Court for the Eastern District of Missouri. The district court found Astra’s patents invalid and unenforceable, and granted Defendants’ motions for summary judgment. In re Metoprolol Succinate Patent Litigation (“Summary Judgment”), No. 04-1620, slip op. (E.D. Mo. Jan. 17, 2006).
This court affirms the district court’s invalidity holding based on double patenting. Because a genuine issue of material fact remains, however, we vacate the district court’s inequitable conduct holding and remand the case.
