Roche Palo Alto LLC v. Apotex, Inc.

This is a patent infringement case under the Hatch-Waxman Act. Apotex, Inc. and Apotex Corp. (collectively “Apotex”) appeal the grant of summary judgment by the United States District Court for the Northern District of California that the patent held by Roche Palo Alto LLC and Allergan, Inc. (collectively “Roche”) is valid and infringed by the formulation covered by Apotex’s abbreviated new drug application (“ANDA”). Roche Palo Alto, LLC v. Apotex, Inc., 526 F. Supp. 2d 985 (N.D. Cal. 2007). Because we find no error in the court’s holding that the reverse doctrine of equivalents is inapplicable and that claim preclusion prohibits Apotex from raising other validity challenges, we affirm.

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