Senju Pharmaceutical Co., Ltd. v. Apotex Inc.
Addressing whether claim preclusion bars a second suit asserting
reexamined claims against a defendant who was victorious on the
merits on the original claims in a first suit, the U.S. Court of
Appeals for the Federal Circuit affirmed a district court's
ruling that claim preclusion bars a second suit finding that the
reexamined claims were not materially different from the original
claims. Senju Pharmaceutical Co., Ltd. v. Apotex Inc.,
Case No. 13-1027 (Fed. Cir., Mar. 31, 2014) (Plager, J.)
(O'Malley, J., dissenting).
Senju sued Apotex for patent infringement after Apotex filed an
Abbreviated New Drug Application (ANDA) with the U.S. Food and Drug
Administration (FDA) requesting approval to manufacture, market and
sell a generic version of Senju's Gatifloxacin ophthalmic
solution covered by a patent owned by Senju. After a bench trial,
the district court found for Apotex. Although the court determined
that Apotex's
