Pfizer Inc., et al. v. Sandoz Inc., et al., C.A. No. 13-1110 – GMS, November 4, 2015.
Sleet, J. Post trial motions to amend findings and judgment on anticipation and infringement are denied
During trial the orally court granted plaintiffs motion for judgment of partial findings on lack of anticipation and indefiniteness. It further ruled in favor of plaintiffs finding that “fesoterodine” includes the salt form of the compound. Defendants move the court to amend findings on anticipation and Sandoz moves to amend a finding of infringement. The court finds that defendants never raised the issue of inventorship they now belatedly raise. In any event the evidence on record is sufficient to support the court’s ruling. Sandoz’s takes issue with the construction of the term “fesoterodine” to include salts. It rehashes arguments already made and the motion to reconsider it is denied.