This morning the Federal Circuit released a precedential opinion in a patent case appealed from the District of Delaware. The Federal Circuit affirmed the district court’s judgment that an abbreviated new drug application (ANDA) does not infringe certain patent claims and also affirmed the district court’s denial of a declaratory judgment of infringement. Late yesterday the Federal Circuit also released two nonprecedential orders dismissing appeals. Here is the introduction to the opinion and links to dismissals.
Par Pharmaceutical, Inc. v. Eagle Pharmaceuticals, Inc. (Precedential)
Par Pharmaceutical, Inc., Par Sterile Products, LLC, and Endo Par Innovation Company, LLC (collectively, Par) appeal a District of Delaware decision finding that Eagle Pharmaceuticals, Inc.’s abbreviated new drug application (ANDA) does not infringe any claim of U.S. Patent Nos. 9,744,209 and 9,750,785 under 35 U.S.C. § 271(e)(2). Par also appeals the district court’s denial of declaratory judgment that Eagle’s planned sale of a product produced in accordance with its ANDA would infringe under 35 U.S.C. § 271(a) and (b). For the following reasons, we affirm.