Abbott Laboratories, Inc. v. Apotex Inc.

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, District Judge.

Plaintiffs Abbott Laboratories, Inc. and Abbott GMBH & Co. KG (collectively “Abbott”), are the owners of U.S. Patent Number 5,436,272 (the “'272 Patent”), a medical treatment for obesity using sibutramine hydrochloride, which is marketed under the name Meridia®. Defendants Apotex Inc. and Apotex Corp. (collectively “Apotex”) seek to market a generic version. Accordingly, Apotex sought approval from the Food and Drug Administration (“FDA”), certifying that Abbott’s patent was both invalid and would not be infringed by the generic…