In Re: Bendamustine Consolidated Cases, C.A. No. 13-2046 - GMS, June 10, 2016.
Sleet, J. Post-trial opinion issues with respect to four patents-in-suit in ANDA trial relating to Bendamustine. Trial took place December 1 through 8, 2015.
The court finds that the claims of the patents in suit are not invalid as obvious. Claims 1, 3, and 5 of the ‘270 patent are not invalid as anticipated. Claims 1 and 19 of the ‘270 patent are not invalid due to the on-sale bar. Claims 19-21 are invalid as derived under section 102(f). The parties’ 52(c) motions are granted in part and denied in part.