This morning the Federal Circuit issued one nonprecedential opinion in a patent case. Here is the introduction to the opinion.
Galderma Laboratories, L.P. v. Teva Pharmaceuticals USA, Inc. (Nonprecedential)
This patent infringement suit arises from the filing of Teva Pharmaceuticals USA, Inc.’s (“Teva’s”) Abbreviated New Drug Application (“ANDA”) No. 210019. In its ANDA, Teva seeks approval to market a generic version of Soolantra®, a pharmaceutical product marketed by Plaintiffs Galderma Laboratories, L.P., Galderma S.A., and Nestlé Skin Health S.A. (collectively, “Galderma”). Following a bench trial, the U.S. District Court for the District of Delaware entered final judgment for Teva, holding that the asserted claims of U.S. Patent Nos. 9,089,587 (“the ’587 patent”); 9,233,117 (“the ’117 patent”); and 9,233,118 (“the ’118 patent”) were invalid for anticipation under 35 U.S.C. § 102. Galderma appeals from the district court’s judgment. Following entry of judgment, Galderma sought and obtained from the district court an injunction pending appeal pursuant to Federal Rule of Civil Procedure 62(d). Teva cross-appeals from the district court’s injunction order. For the reasons discussed below, we reverse and remand the district court’s judgment and dismiss as moot Teva’s cross-appeal.