By Opinion entered by The Honorable Leonard P. Stark in Bristol-Myers Squibb Co. et al v. Aurobindo Pharma USA Inc. et al., Civil Action No. 17-374-LPS (D.Del. August 5, 2020)(consolidated) following a nine (9) day bench trial, the Court found that defendant Sigmapharm’s ANDA products infringe the asserted claims of U.S. Patent No. 6,967,208 (“the ‘208 patent”) and defendants Sigmapharm, Sunshine Lake and Unichem’s ANDA products infringe the asserted claims of U.S. Patent No. 9,326,945 (“the ‘945 patent”).[1]  The Court also found that none of the asserted claims of the ‘208 patent or the ‘945 patent are invalid.  Id. at *1.

A copy of the Opinion is attached.

[1] Plaintiffs, Bristol-Myers Squibb Company and Pfizer Inc., had originally filed the action against at least twenty-five (25) defendant pharmaceutical companies.  By the time of trial, plaintiffs had resolved their claims with all defendants except Sigmapharm, Sunshine Lake and Unichem.  Plaintiffs and Unichem entered a stipulation of infringement with respect to the asserted claims of the ‘208 patent.  Id. at *1, fn. 1 and 2.

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