Cipla Ltd. v. Sunovion Pharmaceuticals, Inc., C.A. No. 15-424 - LPS, March 30, 2016.

Stark, C. J. Defendants’ motion to dismiss the complaint is denied.

The disputed technology relates to processes for making optically pure (R) and (S) salbutamol.  Defendant moves to dismiss claims of induced, contributory and willful infringement for failure to state a claim.  The court finds that the complaint adequately alleges defendant knew or should have known that its sales of accused products would induce infringement. Further, the complaint alleged the accused product has no substantial non-infringing uses and that defendant knew that it was especially made or adapted in a way that would infringe. The court interprets the complaint to adequately allege contributory infringement after the patent-in-suit issued and defendant continued to make and market the accused product without change.  With respect to willful infringement, the complaint adequately alleges that defendant had knowledge of the accused patent and that defendant knew or should have known about the risk of infringement.