Fitzpatrick Prevails in Summary Judgment of No Inequitable Conduct
Fitzpatrick, on behalf of its client AstraZeneca, won summary judgment of no inequitable conduct against generic drug makers Teva and Sandoz in a Hatch-Waxman lawsuit concerning AstraZeneca’s antipsychotic drug Seroquel®. In an opinion dated July 1, 2008, Judge Pisano of the District Court of New Jersey rejected Teva’s and Sandoz’s arguments that AstraZeneca intentionally misled the United States Patent Office, and found that no reasonable factfinder could conclude that AstraZeneca’s alleged conduct before the Patent Office was sufficiently material to sustain a finding of inequitable conduct. Judge Pisano also found Teva’s and Sandoz’s allegations of deceptive intent to be speculative and without merit. In conclusion, Judge Pisano found that no trial was necessary to determine the credibility of AstraZeneca’s inventors and patent attorneys, and that “the prosecution record speaks for itself.”
The Fitzpatrick litigation team was led by Henry Renk, Bruce Haas and Steve Kline.