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Khudai v. Akamai Technologies, Inc.
1:20-cv-03686
S.D.N.Y.
May 9, 2024
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Docket
Opinion Summary

Facts

  1. Wyeth LLC sued AstraZeneca for patent infringement of the '314 and '162 patents regarding treatments for non-small cell lung cancer (NSCLC) [lines="1-3"].
  2. The patents claim methods to treat g/e resistant NSCLC, stating that conventional reversible inhibitors ineffectively address certain resistant cancer forms [lines="42-46"].
  3. AstraZeneca promoted its drug Tagrisso for treatment, leading to a jury trial resulting in a finding of induced infringement [lines="7-8"].
  4. Following the jury trial, AstraZeneca raised defenses claiming the patents were invalid due to indefiniteness and sought relief based on allegations of Wyeth's misconduct [lines="10-11", "108-110"].
  5. The Court conducted a subsequent bench trial addressing AstraZeneca’s equitable defenses and claims [lines="13-15"].

Issues

  1. Are the patents enforceable, or do they suffer from unclean hands due to Wyeth's alleged misconduct regarding FDA listings? [lines="108-109"].
  2. Is there sufficient evidence to support an implied waiver of Wyeth's right to enforce the patents by not timely listing them? [lines="366-368"].
  3. Has AstraZeneca established that the patents are unenforceable due to patent misuse? [lines="438-439"].
  4. Are the asserted claims invalid for indefiniteness under 35 U.S.C. § 112(b)? [lines="578-579"].

Holdings

  1. The patents are enforceable; Wyeth's alleged misconduct does not relate to the matter at hand, failing to establish unclean hands [lines="364-364"].
  2. There is no implied waiver of the right to enforce the patents, as AstraZeneca did not show how Wyeth's conduct led to a reasonable belief that the enforcement rights were relinquished [lines="435-436"].
  3. AstraZeneca failed to provide adequate evidence for a claim of patent misuse; the Court did not find Wyeth’s actions unlawful under patent law [lines="482-485"].
  4. The asserted claims are not indefinite; the language and context provide reasonable certainty about the scope of the claims [lines="1204-1205"].

OPINION

Case Information

*1

JENNIFER H. REARDEN, District Judge: On April 23, 2024, Plaintiff moved “to allow the sealing of this entire case.” ECF No. 120 at 1. That motion is denied because it is not “narrowly tailored[,]” see Lugosch v. Pyramid Co. of Onondaga , 435 F.3d 110, 119-20 (2d Cir. 2006), and fails to comply with Rule 9 of the Court’s Individual Rules and Practices in Civil Cases, see, e.g. , R. 9.C (“The party seeking leave to file sealed or redacted materials should meet and confer with any opposing party . . . in advance to narrow the scope of the request.”).

SO ORDERED.

Dated: May 9, 2024

New York, New York

JJJJJEJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ NNIFIFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFER H. REARDEN JENNIFER H. REARDEN United States District Judge UnUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU ited States District Judge

Case Details

Case Name: Khudai v. Akamai Technologies, Inc.
Court Name: District Court, S.D. New York
Date Published: May 9, 2024
Docket Number: 1:20-cv-03686
Court Abbreviation: S.D.N.Y.
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