Bayer Intellectual Property GmbH v. Aurobindo Pharma Ltd., 07/13/18 (D. Del. Civil Action No. 15-902) – subscription required

Following a bench trial in this Xarelto® ANDA litigation, the court found that the asserted claims were not invalid for obviousness. One skilled in the art would not have selected a compound that was the most advanced oxazolidinone antibiotic in clinical trials as an antibiotic as a lead compound for developing factor Xa inhibitors. Rather, the skilled artisan would have selected from seven attractive leads with factor Xa activity. Nor would he or she have made any of the asserted modifications to defendants’ lead compound to arrive at the claimed compound. The court also found that multiple secondary considerations supported the non-obviousness of the claimed compound.