Fed. Cir. (2002)
On September 19, 2002, the Court of Appeals for the Federal Circuit unanimously affirmed a New York Federal District Court judgment in favor of Fitzpatrick client, Becton Dickinson and Co. The District Court’s judgment, based on a jury verdict, held that three Novo Nordisk patents were invalid for obviousness. The patents relate to 30 gauge needles for insulin injection pens. This is one of only a handful of cases tried to a jury wherein a defendant was successful in invalidating a patent. In its opinion, the Federal Circuit stated that there was substantial evidence to support the jury verdict, and that motivation to combine the prior art references was established by testimony of experts. Becton Dickinson was represented at the jury trial and on appeal by partners John Krause, Douglas Sharrott and Ronald Clayton.
Novo Nordisk A/S v. Becton Dickinson and Co., No. 96 Civ. 9506 (BSJ) (S.D.N.Y. May 25, 2000). Novo Nordisk sued our client Becton Dickinson alleging infringement of several patents relating to insulin injection systems and disposable needles for use in insulin injection. After a Markman ruling (2000 U.S. Dist. LEXIS 3384 and 2000 U.S. Dist. LEXIS 4498), two patents remained in the case. The jury found both patents invalid for obviousness and returned a verdict in favor of Becton Dickinson.