BAYER HEALTHCARE PHARMACEUTICALS INC. v. BIOGEN IDEC INC., No. 2:2010cv02734 - Document 1024 (D.N.J. 2018)
Court Description: UNSEALED OPINION re 892 Opinion. Signed by Judge Claire C. Cecchi on 7/26/18. (cm, )
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BAYER HEALTHCARE PHARMACEUTICALS INC. v. BIOGEN IDEC INC. Doc. 1024 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY IN RE BIOGEN '755 PATENT LITIGATION Civil Action No.: 10-2734 (CCC)(JBC) (consolidated) OPINION CECCD, District Judge. Beore the Court are: (1) EMD Serono, Inc. and Pizer lnc.'s ("Serono") Motion or Summary Judgment of Invalidity Under 35 U.S.C. § 103 (ECF No. 505); (2) Serono's Motion for Summary Judgment of Invalidity Under 35 U.S.C. § 112 (ECF No. 501); (3) Bayer Healthcare Pharmaceuticals lnc.'s ("Bayer") Motion for Summary Judgment of Invalidity No. 1 Obviousness-Type Double Patenting (ECF No. 503); (4) Bayer's Motion or Summary Judgment of Invalidity No. 2- Anticipation by the Treatment Reerences (ECF No. 506); (5) Bayer's Motion or Summary Judgment of Invalidity No. 3 - Lack of Written Description (ECF No. 509); (6) Bayer's Motion or Summary Judgment of Invalidity No. 4 - Anticipation by the Goedde! Patent (ECF No. 513); (7) Bayer's Motion or Summary Judgment No. 5 - Partial Summary Judgment Limiting Damages (ECF No. 517); and (8) Bayer's Motion for Summary Judgment No. 6 Anticipation by the Weissmann Patent (ECF No. 624). Biogen MA, Inc. ("Biogen") opposes each motion. ECF Nos. 557, 558, 559, 560, 561, 562, 563, 633. The Court heard oral argument on August 10, 2017 and August 11, 2017. The Court has considered the parties' written submissions and oral presentations, including additional brieing subsequent to oral argument (ECF Nos. 656, 659). For the reasons discussed below, the Court denies each motion. Dockets.Justia.com
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