Judge Sleet Concludes that Asserted Claims of Patent In-Suit Are Not Invalid Due to Obviousness-Type Double Patenting and No Grounds for Prosecution Laches Are Present

Following a four-day bench trial before him in Shire Orphan Therapies LLC et al. v. Fresenius Kabi USA, LLC, Civil Action No. 15-1102-GMS (D.Del. June 5, 2018), and having considered the entire record in the case and the applicable law, The Honorable Gregory M. Sleet issued the Court’s Memorandum setting forth the findings of fact and conclusions of law in the action including that (1) the asserted claims of U.S. Patent No. 5,648,333 (“the ‘333 Patent”) are not invalid in light of U.S. Patent No. 5,597,807 (“the ‘7803 Patent”) under the doctrine of obviousness-type double patenting; and (2) the ‘333 Patent is not invalid due to prosecution laches because there was no unreasonable or unexplained delay in prosecuting the ‘333 patent. A copy of the Memorandum setting forth the Court’s findings of fact and conclusions of law in more detail is attached.

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