Indivior v. Dr. Reddy’s is a nonprecedential case decided on November 20, 2018 on appeal from the District of New Jersey. In the first ANDA case, plaintiff Indivior sued defendant Dr. Reddy’s, alleging infringement. The district court found that Dr. Reddy’s ANDA did not infringe the asserted patent. After the judgment of non-infringement, Indivior amended certain claims of a then-pending application that ultimately issued as the asserted patent in the second lawsuit. In the second ANDA case, the district court granted plaintiff Indivior’s motion for a temporary restraining order and a preliminary injunction, finding that Indivior was likely to succeed on the merits because the asserted claims did not contain a certain limitation. The district court also held that Indivior was likely to succeed on the merits of the claim that the second lawsuit was not barred by claim preclusion. Dr. Reddy’s appealed.
The Federal Circuit vacated the preliminary injunction and remanded.
The district court abused its discretion in finding that Indivior was likely to succeed on the merits. Invidior has not shown it is likely to succeed on the merits of its infringement claim because the asserted claims in the second lawsuit contained a specific process limitation. Moreover, claim preclusion likely bars Indivior’s lawsuit because the asserted claims in the second lawsuit and the first lawsuit are patentably indistinct. The Federal Circuit thus vacated the injunction and remanded for further proceedings.
Judge Newman dissented, arguing that the majority erred in reading a specific process limitation into the claims, and that the majority erred in finding that claim preclusion likely bars the second lawsuit. Judge Newman would have upheld the preliminary injunction.
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Indivior Inc. v. Dr. Reddy’s Labs., S.A., 752 F. App’x 1024 (Fed. Cir. 2018)