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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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Did You Know?

You may apply for a patent for your invention.

Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.

 

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 Helpful Patent Terms

Term of patent

Definition:
The maximum number of years that the monopoly rights conferred by the grant of a patent may last.

Filing Date

Definition:
The date of receipt in the Office of an application which includes (1) a specification containing a description and, if the application is a nonprovisional application, at least one claim, and (2) any required drawings.

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