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Senju Pharmaceutical Co., Ltd. v. Aurobindo Pharma Ltd.

United States District Court, D. Delaware

March 30, 2015

SENJU PHARMACEUTICAL CO., LTD., KYORIN PHARMACEUTICAL CO., LTD. and ALLERGAN, INC., Plaintiffs,
v.
AUROBINDO PHARMA LTD. And AUROBINDO PHARMA U.S.A., INC., Defendants.

MEMORANDUM ORDER

SUE L. ROBINSON District Judge.

At Wilmington this 30th day of March, 2015, having reviewed defendants Aurobindo Pharma Ltd. and Aurobindo Pharma U.S.A., lnc.'s (collectively, "defendants") motion to dismiss, and the papers filed in connection therewith;

IT IS ORDERED that defendants' motion to dismiss (D.I. 13) is granted for the following reasons: On May 2, 2014, plaintiffs Senju Pharmaceutical Co., Ltd., Kyorin Pharmaceutical Co., Ltd., and Allergan, Inc. (collectively "plaintiffs") filed the instant action alleging infringement of reexamined United States Patent No. 6, 333, 045 ("the '045 patent"). (D.I. 1) On August 6, 2014, defendants moved to dismiss based on this court's finding that the '045 patent is invalid, [1] arguing that "[a] plaintiff cannot state a claim for relief of patent infringement with an invalid patent." (D.I. 14 at 4) By a decision issued on March 20, 2015 by the United States Court of Appeals for the Federal Circuit, this court's invalidity ruling was affirmed.[2]Because "an invalid claim cannot give rise to liability for infringement, " Medtronic, Inc. v. Cardiac Pacemakers, Inc., 721 F.2d 1563, 1583 (Fed. Cir. 1983), [3]defendants' motion to dismiss is granted.


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