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Company Wins Summary Judgment In Patent Litigation


New York, NY - Kenyon & Kenyon LLP client KV Pharmaceutical Company has announced that the United States District Court for the Eastern District of Missouri has granted its motions for summary judgment in a patent infringement case filed against it by AstraZeneca. The case arose from KV’s submission of ANDAs seeking approval to market generic formulations of AstraZeneca’s beta-blocker Toprol-XL (metoprolol succinate extended-release tablets) The case is In re Metoprolol Succinate Patent Litigation, MDL-1620-RWS.

The Court granted the motions filed by KV Pharmaceutical Company and its co-defendants Andrx Corporation and Eon Labs for summary judgment of invalidity and unenforceability of both patents that were asserted by AstraZeneca (U.S. Patents 5,001,161 and 5,081,154). Both patents were held invalid, as well as being held unenforceable for inequitable conduct committed by AstraZeneca during prosecution of the patents before the U.S. Patent and Trademark Office.

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A patent protects your invention.

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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Specimen

Definition:
Labels, tags, or containers for goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures.

Contracting State

Definition:
A national Office or an intergovernmental organization which is party to the Patent Cooperation Treaty.

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