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The Upjohn Company v. Mova Pharmaceutical Corp.

Jury verdict of patent invalidity due to obviousness was unsupported by substantial evidence where alleged infringer offered no evidence of any teaching or suggestion in prior art regarding specific formulation of anti-diabetic drug.

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The full case caption appears at the end of this opinion.

In response to the filing by MOVA Pharmaceutical Corporation of an Abbreviated New Drug Application (ANDA) for a bioequivalent form of Upjohn’s formulation of the anti-diabetic drug glyburide, in accordance with 21 U.S.C. �355(j) the Upjohn Company filed suit charging MOVA with infringement of United States Patent No. 4,916,163 (the ’163 patent). The United States District Court for the District of Puerto Rico entered judgment in favor of MOVA on jury verdicts of patent invalidity, non-infringement, and unenforceability,1 and denied duly made post-trial motions. We affirm the judgment of non-infringement and reverse the judgments of invalidity and unenforceability.

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