Pfizer, Inc. v. Teva Pharms. USA, Inc.
Appellant Teva Pharmaceuticals USA, Inc. (“Teva”) appeals from a final judgment of the United States District Court for the District of New Jersey, entered after a bench trial, in favor of Appellees Pfizer, Inc. et al. (collectively “Pfizer”). Pfizer Inc. v. Teva Pharms. USA, Inc., 482 F. Supp. 2d 390 (D.N.J. 2007). The district court held that Teva infringed three patents owned by Pfizer: specifically, claims 1-3, 7-9, 11, and 13 of U.S. Patent No. 5,466,823 (“the ’823 patent”), claims 1-5 and 15-18 of U.S. Patent No. 5,563,165 (“the ’165 patent”), and claims 1-4 and 11-17 of U.S. Patent No. 5,760,068 (“the ’068 patent”). The district court also held that the asserted claims of the three patents were not invalid for a best mode violation and that the asserted claims of the ’068 patent were not invalid for obviousness-type double patenting. The district court held that none of the patents was unenforceable on grounds of inequitable conduct. We find that the asserted ’068 patent claims are invalid based on double patenting. However, we agree that claim 9 of the ’823 patent and claim 17 of the ’165 patent are not invalid for a best mode violation. The ’823, ’165 and ’068 patents also are not unenforceable for inequitable conduct. We therefore affirm-in-part and reverse-in-part.
