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September 24, 2007

No Seizure

Warner Lambert holds 6,054,482, covering the active ingredient of Neurontin, which treats epilepsy. Warner sued generic drug makers to toss their versions off the market. The district court granted summary judgment of noninfringement. The appeals court said there were "genuine issues of material fact," so summary judgment was premature. A little claim construction tiff that Warner had was settled by reading the claim as anyone with a lick of sense would have. The CAFC decision (06-1572) is long and boring; that could be why the district court wanted to see the backside of the damned thing, but it got remanded for more mucking around. The ruling was inscrutably precedential; the case is stale, having dragged on for years, and everything about the decision was moldy.

Yep, he penned, dripping facetiousness, this was an apex of blogging for me. How was your day?

Posted by Patent Hawk at September 24, 2007 7:21 PM | Litigation