Judge Robinson Grants Defendants’ Motion For Partial Summary Judgment Of No Willfulness

By Memorandum Order entered by The Honorable Sue L. Robinson in Anesta AG, et al. v. Mylan Pharmaceuticals, Inc., et al., Civil Action No. 08-889-SLR (D.Del., August 14, 2014), the Court granted defendants' motion for partial summary judgment of no willfulness with respect to their infringement of the patents-in-suit based upon defendants' at risk launch of their generic versions of plaintiffs' Amrix® products. The Court agreed with defendants that, "although their launch was at risk, it was not illegal when it took place and, absent a directive from the Federal Circuit to recall their generic products, defendants had no legal obligation to do so." Id. at 4.

A copy of the Memorandum Order is attached.