BRISTOL-MYERS SQUIBB COMPANY, Plaintiff-Appellant, v. BEN VENUE LABORATORIES, INC., BEDFORD LABORATORIES, and BOEHRINGER INGELHEIM CORPORATION, Defendants-Appellees, and IMMUNEX CORPORATION (ANDA now owned by Baker Norton Pharmaceuticals, Inc.), IVAX CORPORATION, and ZENITH GOLDLINE PHARMACEUTICALS, INC., Defendants-Appellees, and MARSAM PHARMACEUTICALS, INC. and SCHEIN PHARMACEUTICAL, INC., Defendants-Appellees, and MYLAN PHARMACEUTICALS, INC., Defendant-Appellee., 246 F.3d 1368

Summary

Plaintiff was the assignee of the '803 and '537 patents, which related to a three-hour administration of the antitumor drug paclitaxel. The patents derived from the same parent application and shared the same specification. The court of appeals found that the district court did not err in holding claims 1-3 and 6 of the '803 patent and claims 1, 2, 5 and 8 of the '537 patent invalid and affirmed the district court's judgment as to those claims. However, the appellate court held that the district court erred in holding claims 6 and 9 of the '537 patent invalid for anticipation. The appellate court observed that the district court relied on plaintiff's statement during prosecution concerning pretreatment as "conventional medication for minimizing hypersensitivity reactions" in its determination that claims 6 and 9 were anticipated. Drawing all inferences in favor of the plaintiff, as non-movant on summary judgment, the appellate court reasoned that the anticipatory reference, presumably ...