The authors of this case report worked on a related litigation, Alza Corp. v IMPAX Labs., Inc., 2006 US App. LEXIS 22800 (Fed. Cir. Sept. 6, 2006) (affirming judgment of invalidity), on behalf of IMPAX.
2.
IMPAX also filed an ANDA seeking approval for generic 5mg, 10mg and 15mg extended release oxybutynin hydrochloride tablets. In September 2003, Alza sued IMPAX in the US District Court for the Northern District of California alleging that IMPAX's proposed tablets would also infringe the '355 patent. On May 4, 2005, Alza and IMPAX stipulated that if all asserted claims in the Mylan Litigation were found invalid, Alza would consent to a judgment that all asserted claims in the IMPAX Litigation were invalid.
3.
Pursuant to the terms of the Alza-IMPAX Stipulation, the IMPAX Court, on October 6, 2005, entered a final judgment holding all claims at issue in the IMPAX Litigation invalid.
4.
The District Court also found that another reference, Morella, anticipated the asserted claims of the '355 patent. See 388 F. Supp. 2d at 733–34.
5.
Alza also appealed the final judgment entered in the IMPAX Litigation. The Mylan and IMPAX appeals were briefed on the same schedule and argued on the same day.
