“Advice Of Scientist” Defense To Walker Process

2008-1556 Braintree v. Schwarz PharmaD/DE 03-477Judge Sue Robinson Schwarz Pharma ("SPI") appeals from the opinion of Judge Sue Robinson, following a bench trial, in favor of Braintree on SPI’s counterclaims for unfair competition and Sherman Act violations.  Braintree initiated the action in 2003, asserting infringement of its 5,710,183 patent following SPI’s ANDA submission to market [...]

For Knee Supports, Slightly Curved Isn’t Generally Flat

2008-1554 Farrago v. Rawlings Sporting GoodsED/MO 4:06-cv958Judge Carol Jackson Farrago appeals from the summary judgment order of Judge Carol Jackson finding that Rawlings’ accused Knee Reliever does not infringe his 5,073,986 patent.  The court did grant Farrago summary judgment on Rawlings’ assertions of obviousness and invalidity. The accused product and patent are directed toward a [...]

Generic Ultracet® Clears Another Patent Hurdle

2008-1549, 1550 Ortho-McNeil v. KaliD/NJ 06-3533Judge Dennis Cavanaugh Ortho-McNeil appeals from the grant of summary judgment to defedants by Judge Dennis Cavanaugh finding that the claims of RE39,221 (formerly 5,336,691) are invalid as obvious. Ultracet® is a pain relief drug combining tramadol hydrochloride and acetaminophen in a 1:8.67 ratio by weight.  The claims of the [...]