Spectrum Pharmaceuticals, Inc., et al. v. Innopharma, Inc., et al., C.A. No. 12-260 – RGA-CJB, May 22, 2015

Burke, M. J. Report and recommendation regarding summary judgment that the defendants’ noninfringement motion be granted in part and denied as moot in part; defendants’ invalidity motion be granted; and plaintiffs’ validity motion be denied as moot.

The disputed invention relates to the preparation of a substantially pure form of (6S) diasteroisomer from leucovorin.  During the pendency of these motions, a parallel Nevada action involving the same plaintiffs and similar accused products went to trial.  The Nevada court found that certain claims of the patent-in-suit, which is the same patent in this case, are invalid or not infringed.  The parties argued that these pending motions had to be decided on collateral estoppel grounds. Defendants further seek a ruling on the merits of their pending motions while plaintiffs argue that the motions should be denied as moot without contesting the applicability of collateral estoppel.  Plaintiffs’ motion for leave to file a reply to defendants’ argument it is also entitled to a decision on the merits is denied.  Plaintiffs’ argument that this issue was first raised in defendants’ responsive letter brief fails because it had been raised in defendants’ opening brief.