MENLO PARK, Calif.--(BUSINESS WIRE)--Dec 13, 2007 - Depomed, Inc. (Nasdaq:DEPO), today announced that Judge Charles Breyer of the United States District Court for the Northern District of California has granted Depomed's motion for summary judgment of infringement of U.S. Patent Nos. 6,340,475 and 6,635,280 in the company's patent litigation against IVAX Corporation, and denied all three of IVAX's summary judgment motions.
The impact of the court's rulings is that IVAX's infringement of Depomed's patents has been established as a matter of law, without the need for a trial on that issue. The court ruled against IVAX on IVAX's motions for summary judgment related to the validity and enforceability of the patents, and the lack of willful infringement on the part of IVAX.
The court also rejected an interpretation of a disputed patent term proposed by IVAX in support of its invalidity arguments, and instead affirmed Depomed's interpretation of the disputed patent term.
The court has not yet set a trial date for the case.
Carl Pelzel, Depomed's president and chief executive officer, commented, "We are very pleased with the court's ruling, which we believe has significantly strengthened our case going to trial."
In January 2006, Depomed sued IVAX for infringement of U.S. Patent Nos. 6,340,475 and 6,635,280 by IVAX's extended release metformin hydrochloride tablets. The patents are held by Depomed and relate to the company's AcuForm(TM) drug delivery technology.
Depomed is represented by Michael Plimack of Heller Ehrman LLP.
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