ALZA CORP. v. ANDRX PHARMACEUTICALS, LLC

No. 2009-1350.

603 F.3d 935 (2010)

ALZA CORPORATION and McNeil-PPC, Inc., Plaintiffs-Appellants, v. ANDRX PHARMACEUTICALS, LLC and Andrx Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 26, 2010.


Attorney(s) appearing for the Case

Constantine L. Trela, Jr., Sidley Austin LLP, of Chicago, IL, argued for plaintiffs-appellants. With him on the brief were David T. Pritikin; Jeffrey P. Kushan, Todd A. Wagner and Peter S. Choi, of Washington, DC.

C. Kyle Musgrove, Kenyon & Kenyon LLP, of Washington, DC, argued for defendants-appellees. With him on the brief were John W. Bateman and Robert F. Vroom.

Before DYK, SCHALL, and PROST, Circuit Judges.


PROST, Circuit Judge.

ALZA Corporation and McNeil-PPC, Inc. (collectively, "ALZA") appeal from a final decision of the United States District Court for the District of Delaware. Following a bench trial, the district court found the patented treatment methods of U.S. Patent No. 6,919,373 ("'373 patent") nonobvious, but held the asserted claim both not infringed and invalid for lack of enablement. We affirm because we conclude that the asserted claims of the '373 patent...

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