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Teva Pharmaceutical Industries Ltd. v. Astrazeneca Pharmaceuticals LP

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


October 20, 2010

TEVA PHARMACEUTICAL INDUSTRIES LTD., PLAINTIFF
v.
ASTRAZENECA PHARMACEUTICALS LP, ET AL., DEFENDANTS.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

AND NOW, this _____ day of October, 2010, upon consideration of the motion for summary judgment of defendants AstraZeneca Pharmaceuticals LP and IPR Pharmaceuticals, Inc. (collectively "AstraZeneca") (docket no. 54), the opposition of plaintiff Teva Pharmaceutical Industries Ltd. ("Teva") (docket no. 78), and AstraZeneca's reply thereto (docket no. 81), IT IS HEREBY ORDERED that

(1) the motion is GRANTED;

(2) independent claims 1, 26, 42, and 52 of U.S. Patent No. RE39,502 are invalid pursuant to 35 U.S.C. § 102(g)(2);

(3) JUDGMENT is entered in favor of AstraZeneca Pharmaceuticals LP and IPR Pharmaceuticals, Inc. and against Teva Pharmaceutical Industries Ltd.; and

(4) the Clerk shall close this case for statistical purposes.

20101020

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