Pieczenik v. Bayer Corp., et al.

Pieczenik v. Bayer Corp., et al.

Fed. Cir. (2012)

Federal Circuit Affirms Dismissal of Patent Infringement Complaint in Favor of Client sanofi-aventis

On March 22, 2012 in a multi-defendant case in which sanofi-aventis was represented by attorneys from Fitzpatrick, a panel of the Federal Circuit composed of Judges Newman, Mayer, and Plager affirmed Judge Pisano’s March 23, 2011 decision to dismiss a complaint alleging patent infringement that was filed by pro se plaintiff, Dr. George Pieczenik, on the ground that he failed to state a claim on which relief could be granted. The Court also affirmed the dismissal of Dr. Pieczenik’s charge of copyright infringement, the denial of his request for compulsory mediation, and the denial of his request that Judge Pisano recuse himself from the case.

Dr. Pieczenik had originally asserted that more than 100 named and unnamed defendants infringed his patent related to nucleotide libraries and monoclonal and polyclonal libraries. He also asserted RICO violations against many of the defendants. Defendants argued in a joint motion to dismiss that there were numerous grounds warranting dismissal of the complaint. In his opinion, Judge Pisano found that for most defendants Dr. Pieczenik “utterly failed to identify any products or process made, used or sold by a Defendant that allegedly infringes,” and that the RICO claims were “wholly without merit.” Because the District Court had already given Dr. Pieczenik one opportunity to amend his complaint and found that permitting further amendment would be futile, the complaint was dismissed as to all the defendants with prejudice. At the District Court, attorneys from Fitzpatrick also represented clients Astellas US, OSI Pharmaceuticals, Canon USA, Daiichi Sankyo, Merck, and Dainippon Sumitomo, all of which were voluntarily dismissed and therefore did not participate in the appeal.