On March 3, 2022, Haug Partners obtained key claim constructions on behalf of Takeda Pharmaceuticals, over Defendant Norwich Pharmaceuticals.  The decision repeatedly credited Takeda’s expert, Dr. Leonard J. Chyall, over Norwich’s experts, noting that “this is a battle of the experts, a battle which Plaintiffs clearly win.”

The Court found Dr. Chyall’s opinion to be “more persuasive” and found that “he is more credible as an expert” than Norwich’s expert.  In contrast, the Court explained that Norwich’s expert “does not meet his own criteria for a POSA,” and that “three of four of the chemical diagrams of the Disputed Mesylate Salts that [Norwich’s expert] had in his original declaration contained errors.”

The 18 patents-in-suit concern Takeda’s multibillion-dollar product Vyvanse®.  Haug Partners previously successfully litigated the Vyvanse® patents against five first-to-file ANDA filers.  In that suit, Judge Chesler granted a rare summary judgment of infringement and no invalidity, which was affirmed by the Federal Circuit in 2015.

A copy of Judge Chesler’s 2022 Markman opinion is available here.