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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