GlaxoSmithKline LLC, et al. v. Teva Pharmaceuticals USA, Inc., C.A. Nos. 14-878-LPS-CJB; GlaxoSmithKline LLC, et al. v. Glenmark Generics Inc., USA, C.A. No. 14-877-LPS-CJB , August 10, 2015

Stark, C. J. Defendants’ objections to the Magistrate’s Report and Recommendation are overruled. Defendants’ motions are granted in part and denied in part to the same extent as in the Report. 

In this pharmaceutical case, the complaints state plausible claims of contributory infringement.  The only dispute is whether there are adequate allegations that defendants’ products have no substantial non-infringing uses.  Drawing all inferences in favor of plaintiffs, the complaints plausibly allege that just as plaintiff’s product is used in a manner coming within the scope of the claims, so do the intended uses of defendants’ products.  Defendants’ objections are points to be raised at trial or in a summary judgment motion.