Indivior Inc. v. Dr. Reddy’s Laboratories S.A., 07/13/18 (DNJ Civ. Nos. 17-7111;18-1775;18-5288 (KM) (CLW))

The district court granted Indivior’s motion for a preliminary injunction in the face of a potential at-risk launch. In a prior case, construction of the terms “dried” or “drying” in the parent patent resulted in a judgment of non-infringement. The claims of the patent in suit lacked that term and the district court rejected the attempt to import a drying limitation into the claim. The court therefore found that Indivior would likely succeed in defeating arguments of claim and issue preclusion. On July 18, the court denied a motion to stay pending appeal.