Fed. Cir. (2004)
Federal Circuit Affirms Summary Judgment in Celebrex® Case
On February, 13, 2004, the United States Court of Appeals for the Federal Circuit affirmed the district court’s decision of summary judgment for Fitzpatrick clients Pharmacia, G.D. Searle, and Monsanto. In the district court case, an important and closely followed litigation, Fitzpatrick, Cella won Summary Judgment invalidating a patent that the University of Rochester was asserting against Pharmacia’s sale of its blockbuster products Celebrex® and Bextra®. Judge Larimer of the U.S. District Court of the Western District of New York found the University’s patent invalid for failure to meet the written description and enablement requirements of Section 112 of the patent laws. Fitzpatrick, Cella’s litigation team was led by partners Bob Baechtold, Henry Renk, and Bruce Haas. Co-counsel on the case, representing Pfizer, was Kaye Scholer.