Forest Labs, Et Al. v. Teva Pharmaceuticals USA, Inc., Et Al. (Memantine Extended-Release)

Carlson Caspers represented Teva in this Hatch-Waxman patent litigation concerning seven patents directed to compositions and uses of memantine extended-release (Namenda XR®).  Shortly before trial and after the Markman hearing, the Court found the asserted claims of six of the seven patents-in-suit invalid for indefiniteness. Our attorneys represented Teva at trial on the seventh patent as the sole remaining defendant who had not settled.  We achieved a successful settlement for our client after trial and before the decision on the remaining patent was rendered. We also successfully defended the indefiniteness finding before the Court of Appeals for the Federal Circuit. See Forest Labs., Inc. v. Teva Pharms. USA, Inc., 716 Fed. Appx. 987 (Fed. Cir. 2017).