Judge Young is known in this district for keeping his cases moving. He lived up to that reputation last week, issuing an order denying a motion to continue a bench trial regarding claims of patent infringement based on the filing of an Abbreviated New Drug Application (ANDA). Three days of trial had occurred in March, at which point the Abhai discovered that certain of the tests, the results it had produced in discovery, had been incorrectly performed. Abhai moved to amend its pretrial memorandum to include eight additional exhibits related to the faulty nature of the testing; Judge Young granted the motion but suspended the trial to permit discovery on this new evidence. Shire LLC v. Abhai LLC (15-cv-13909). With trial set to resume in early September, Shire moved for a further continuance of the trial to permit the discovery of new evidence that Shire asserted was relevant to the issue of infringement. One week prior to Shire 2019s motion, the FDA refused to approve Abhai 2019s ANDA and directed Abhai to redo all bioequivalence testing on newly created batches of product. Shire contended that the prior product, on which all existing evidence at trial was based, might not be representative of the product that ultimately is approved for sale. Judge Young denied the motion, citing the profound public policy reasons favoring expeditious adjudication of claims brought under the Hatch-Waxman Act (although he declined to identify any in his order).
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