Anti-Trust and Misuse Defenses Severed and Stayed Pending Resolution of Infringement Issues

The court granted plaintiffs' motion to bifurcate the infringement claims from defendant's antitrust and patent misuse claims, and to stay discovery on the antitrust and misuse claims. "With respect to conserving judicial economy, defendants' antitrust and patent misuse claims may be rendered moot by resolution of the patent infringement issues. . . . Even if plaintiffs do not succeed in proving infringement, the court could still determine that plaintiffs 'realistically expect[ed] success on the merits,' thus obviating the need to adjudicate time consuming and complex antitrust and patent misuse issues. . . . Further militating toward bifurcation of these issues if the dictinct lack of evidentiary overlap between issues of patent validity and infringement and issues of patent misuse and antitrust."

Eurand Inc. et al. v. Mylan Pharmaceuticals Inc. et al., 1-08-cv-00889
(DED October 2, 2009, Memorandum Order) (Robinson, J.)