Bayer Pharma AG, et al. v. Watson Laboratories, Inc., C.A. No. 12-1726 – LPS, July 18, 2016 (Unsealed on July 20, 2016).
Stark, C. J. Judgment in favor of plaintiff.
The disputed technology relates to a regimen and method for oral contraception containing estradiol valerate and dienogest. A 4-day bench trial took place in December 2014 and post-trial briefing was completed on July 1, 2015. The court found that defendant failed to prove by clear and convincing evidence that the asserted claims were invalid due to obviousness-type double patenting in that there are differences between the claims between the patent-in-suit and a prior patent. Further, a POSA would not have found the claims in the patent-in-suit obvious, and secondary considerations favor the plaintiff.