Mead Johnson & Co. v. Barr Laboratories, Inc. (38 F. Supp. 2d 289, 1999)

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiffs Mead Johnson & Company and Bristol-Myers Squibb Company (collectively “Mead Johnson”) bring the instant action for patent infringement against defendant Barr Laboratories, Inc. (“Barr”), alleging that Barr has infringed U.S. Patent No. 4,258,027 (the “ ’027 patent”) by submitting Abbreviated New Drug Application (“ANDA”) No. 71-196 with the U.S. Food and Drug Administration (“FDA”). Mead Johnson seeks declaratory and injunctive relief and its costs and attorney fees incurred in the prosecution of the instant action. Barr also seeks a declaration of noninfringement and its costs and attorney fees. Following a hearing on claim construction and a trial of infringement to the Court, the Court finds that Barr has infringed the ’027 patent and grants Mead Johnson declaratory and in-junctive relief. The Court denies the parties’ cross-motions for costs and attorney fees. The following constitutes the Court’s findings of fact and conclusions of law.

BACKGROUND

The Parties

Plaintiff Mead Johnson & Company is the owner, through assignment, of the ’027 patent, which issued on March 24, 1981, and is to expire on March 26, 1999. Mead Johnson & Company is a wholly-owned subsidiary of plaintiff Bristol-Myers Squibb Company (“Bristol”). Bristol is the holder of approved New Drug Application No. 18-207 for trazodone hydrochloride. Apothecon, a division of Bristol, sells trazodone hydrochloride 150 mg and 300 mg tablets under the trademark Desyrel(6' Dividose