Following a bench trial concerning Merck's Singulair® patent, the court rejected Teva Pharmaceutical's validity and unenforceability defenses and concluded that Teva's ANDA applications infringed the patent-in-suit. "[T]he Court . . . concludes that Teva has failed to prove either that: (1) [Merck] acquired the ‘473 patent through inequitable conduct or (2) the ‘473 patent was obvious under 35 U.S.C. § 103 . . . As such, the Court concludes that the ‘473 patent is valid and enforceable and that Teva’s ANDA[s] . . . infringe claims 18-22 of the ‘473 patent."
Merck Sharp & Dohme Pharm. SRL v. Teva Pharm. USA, Inc. et al., 3-07-cv-01596
(NJD August 19, 2009, Findings of Fact & Conclusions of Law) (Brown, J.)