Adams Respiratory Operations, Inc. v. Mutual Pharmaceutical Co., et al.

Adams Respiratory Operations, Inc. v. Mutual Pharmaceutical Co., et al.

E.D. Pa. (2007)

Fitzpatrick successfully enforced Adams’ ‘252 patent against Mutual Pharmaceutical Company, which sought to market an infringing version of Adams’ highly successful Mucinex product. Mucinex is a long acting expectorant formulation used to treat congestion. The active ingredient in Mucinex is guaifenesin. Mutual asserted that Adams’ ‘252 patent was both invalid and unenforceable for inequitable conduct. Mutual also claimed that its generic guaifenesin product did not infringe Adams’ ‘252 patent. After denying Mutual’s motion for summary judgment without prejudice, the court set an aggressive discovery schedule and a trial for the summer of 2007. In March of 2007, as discovery closed, the case was settled. Under the settlement agreement, Mutual admitted that the Adams patent was valid, enforceable and infringed. Mutual was granted a non-exclusive license to market certain licensed products beginning no earlier than July 1, 2012.