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ARTICLE · 18 AUGUST 2020

Bendeka® Patents Held To Be Valid – A Validity Analysis

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Cephalon sued ANDA filers for infringement of claims related to Bendeka®, a liquid formulation of bendamustine for treatment of chronic lymphocytic leukemia (CLL) and non-Hodgkin's lymphoma (NHL).

United StatesIntellectual Property
Mark Feldstein
Mark Feldstein
Justin J. Hasford
Justin J. Hasford
Stacy Lewis
Stacy Lewis
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Decision: Cephalon, Inc. v. Slayback Pharma LLC, No. 1:17-cv-01154 (D. Del. April 27, 2020).

Holding: Judge Connolly in the District of Delaware decided that all of Cephalon's asserted claims are valid and infringed.

Patents: 9,265,831; 9,572,797; 9,144,568; 9,597,399; 9,572,887

Background: Cephalon sued ANDA filers for infringement of claims related to Bendeka®, a liquid formulation of bendamustine for treatment of chronic lymphocytic leukemia (CLL) and non-Hodgkin's lymphoma (NHL). Defendants unsuccessfully argued that the asserted formulation claims were invalid for obviousness, indefiniteness, lack of enablement and lack of written description. Defendants further unsuccessfully argued that the administration claims were invalid for obviousness.

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