United States Federal Circuit

In a suit over infringement of patents for extended release formulations of the antibiotic clarithromycin, grant of plaintiff's motion for preliminary injunction is affirmed where: 1) plaintiff was likely to prevail at trial on the issues of whether the patents were invalid for anticipation or obviousness, or were unenforceable based on inequitable conduct; 2) the term "pharmaceutically acceptable polymers" was properly construed and indicated a likelihood that plaintiff would prevail on its infringement claim; and 3) the trial court properly weighed and explained the equitable factors relevant to the grant of a preliminary injunction.

Appellate Information

• Decided 10/21/2008
• Published 10/21/2008

Judges

• Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey L. Light, Patients Not Patents, Inc., of Washington, DC, for amicus curiae Patients Not Patents, Inc., Gregory A. Castanias, Jones Day, of Washington, DC, for amicus curiae United Inventors Association.   With him on the brief was Christopher S. Perry.


• For Appellees:
  
• Ted G. Dane, Munger, Tolles & Olson LLP, of Los Angeles, CA, argued for plaintiff-appellee.   With him on the brief were Jeffrey I. Weinberger;  and Jennifer L. Polse, Jason Rantanen, and Genevieve A. Cox, of San Francisco, California.   Of counsel was Andrew W. Song, of Los Angeles, CA., Scott B. Feder, Lord, Bissell & Brook LLP, of Chicago, IL, argued for defendant-appellant.   With him on the brief were Keith D. Parr, Hugh S. Balsam, and Kevin M. Nelson.   Of counsel on the brief was Shashank Upadhye, Sandoz, Inc., of Princeton, NJ. Of counsel were David B. Abramowitz, Myoka M. Kim, and James T. Peterka, of Lord, Bissell & Brook LLP, of Chicago, IL.