SEPRACOR INC. v. DEY, L.P.

Civil Action No. 06-113-JJF.

657 F.Supp.2d 478 (2009)

SEPRACOR INC., Plaintiff, v. DEY, L.P. and Dey, Inc., Defendant.

United States District Court, D. Delaware.

September 24, 2009.


Attorney(s) appearing for the Case

Joseph M. O'Malley, Jr., Esquire and Bruce M. Wexler, Esquire of Paul, Hastings, Janofsky & Walker, LLP, New York, NY, Jack B. Blumenfeld, Esquire and Karen Jacobs Louden, Esquire of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE, for Plaintiff, Sepracor Inc.

Edgar H. Haug, Esquire and Sam V. Desai, Esquire of Frommer, Lawrence & Haug, New York, NY, Elizabeth A. Leff, Esquire of Frommer, Lawrence & Haug, Washington, D.C., Steven J. Balick, Esquire; John G. Day, Esquire and Tiffany Geyer Lydon, Esquire of Ashby & Geddes, Wilmington DE, for Defendants, Dey, L.P. and Dey, Inc.


MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court are Dey, L.P. and Dey, Inc.'s Motion For Summary Judgment Of Invalidity (D.I. 364) and Plaintiff Sepracor Inc.'s Motion For Summary Judgment Of No Anticipation Under 35 U.S.C. § 102 (D.I. 361). For the reasons discussed, the Court will grant-in-part Dey's Motion. Specifically, the Court concludes that there is no genuine issue of...

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