University of Rochester v. G.D. Searle & Co., Inc., Pfizer Inc., Monsanto Co., and Pharmacia Corp.

University of Rochester v. G.D. Searle & Co., Inc., Pfizer Inc., Monsanto Co., and Pharmacia Corp.

W.D.N.Y. (2003)

Fitzpatrick Wins Summary Judgment on Behalf of Clients Pharmacia, G.D. Searle and Monsanto

In an important and closely followed litigation, Fitzpatrick won, on behalf of its clients Pharmacia, G.D. Searle, and Monsanto, 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 requirement of and for non-enablement under Section 112 of the patent laws. Fitzpatrick’s litigation team was led by partners Bob Baechtold, Henry Renk, and Bruce Haas.