United States Court of Appeals for the Federal Circuit

THE PROCTER & GAMBLE COMPANY,
Plaintiff-Appellee,
v.
TEVA PHARMACEUTICALS USA, INC.,

Defendant-Appellant.
William F. Lee, Wilmer Cutler Pickering Hale & Dorr LLP, of Boston, Massachusetts, argued for plaintiff-appellee. With him on the brief were Vinita Ferrera and Allen C. Nunnally. Also on the brief were David B. Bassett and Christopher J. Meade, of New York, New York.

James Galbraith, Kenyon & Kenyon LLP, of New York, New York, argued for defendant-appellant. With him on the brief were Maria Luisa Palmese, and A. Antony Pfeffer.
Appealed from: United States District Court for the District of Delaware
Judge Joseph J. Farnan, Jr.
United States Court of Appeals for the Federal Circuit

THE PROCTER & GAMBLE COMPANY,
Plaintiff-Appellee,
v.
TEVA PHARMACEUTICALS USA, INC.,
Defendant-Appellant.
Appeal from the United States District Court for the District of Delaware in 04-940, 08-066, and 08-191, Judge Joseph J. Farnan, Jr.

Before MAYER, DYK, Circuit Judges, and HUFF,* District Judge.
HUFF, District Judge.

Teva Pharmaceuticals USA, Inc. (“Teva”) appeals from a final judgment of the United States District Court for the District of Delaware in favor of The Procter & Gamble Company (“P&G”) in three cases upholding the validity of P&G’s U.S. Patent 5,583,122 (the “’122 patent”). Procter & Gamble Co. v. Teva Pharmaceuticals USA, Inc., 536 F. Supp. 2d 476 (D. Del. 2008). After a bench trial and a stipulation for judgment in the related cases, the district court rejected Teva’s invalidity defenses of obviousness and obviousness-type double patenting. We affirm. 

* Honorable Marilyn L. Huff, District Judge, United States District Court for the Southern District of California, sitting by designation.

DECIDED: May 13, 2009 

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