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Dey, L.P. v. Eon Labs, Inc.

United States District Court for the Central District of California, Southern Division

December 22, 2005, Decided ; December 22, 2005, Filed

CASE NO. SACV 04-00243 CJC (FMOx)

Opinion

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OF THIS COURT'S NOVEMBER 4, 2005 ORDER GRANTING DEFENDANT'S MOTION TO SHORTEN 30-MONTH STATUTORY STAY ON FDA APPROVAL OF DEFENDANT'S ABBREVIATED NEW DRUG APPLICATION

Plaintiff and Counterdefendant Dey, L.P. ("Dey") moves pursuant to Federal Rule of Civil Procedure 60(b) for reconsideration of this Court's Order issued November 4, 2005, granting a motion filed by Defendant and Counterclaimant Eon Labs, Inc. ("Eon") to shorten the automatic 30-month statutory stay of FDA approval on Eon's Abbreviated New Drug Application under 21 U.S.C. § 355(j)(5)(B)(iii). In its Order, the Court ruled that Dey had failed to reasonably cooperate in expediting this action by acting unreasonably in identifying the individuals who invented the subject matter claimed in the patent in suit. 1 Because Dey has not shown that reconsideration is warranted by new evidence [*3]  or the need to correct a clear error or prevent manifest injustice, its motion for reconsideration is DENIED. ] A party suing under a patent has an obligation to conduct a good-faith investigation into inventorship. While 35 U.S.C. § 256 allows a patentee to move to correct innocent mistakes in inventorship, this right does not excuse the patentee from making an informed decision on the issue at the time it files its patent, when it initiates litigation, and during the course of that litigation. In this case, Dey cannot continue to reap $ 200,000,000 2 per year from its patent, free from generic competition, where it has failed and continues to fail to take a reasonable position on the critical issue of inventorship.

 [*4] A. Background

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2005 U.S. Dist. LEXIS 39475 *; 2005 WL 3578120

DEY, L.P., Plaintiff, v. EON LABS, INC., Defendant. AND RELATED COUNTERCLAIMS.

CORE TERMS

inventorship, patent, inventors, discovery, expediting, cooperate, reconsideration, Shorten, invalid, infringement, manufacturer, inhalation, patentee's, wait, certification, invention

Patent Law, Originality, Correction of Inventorship Errors, General Overview, US Patent & Trademark Office Proceedings, Continuation Applications, Infringement Actions, Civil Procedure, Judgments, Relief From Judgments, Altering & Amending Judgments