Pharmacia & Upjohn Co. v. Sicor Inc. et al., No. 04-833-KAJ, Aug. 17. 2006.
Jordan, J. The Court construed claims regarding patent disclosing a “sterile, pyrogen-free, ready-to-use solution of anthracycline glycoside” used for treating tumors. Defendants’ motions for summary judgment of non-infringement and invalidity for lack of written description were denied. The Court granted plaintiff’s motion regarding defendants’ anticipation defense, and denied defendants’ motion on anticipation. Plaintiff’s motion regarding defendants’ unclean hands defense was denied.
The Court adopts patentee’s proposed constructions for “physiologically acceptable,” “anthracycline glycoside,” “sealed/sealed container” and “storage stability.” Defendants’ non-infringement summary judgment motion was premised on claim constructions the Court did not adopt and was denied. Defendants’ motion for summary judgment of invalidity based upon a lack of written description was denied because the experts’ conflicting testimony left issues of material fact to be resolved. The cross motions for summary judgment were resolved in favor of the patentee based upon the claim interpretation adopted by the Court. The Court declined to rule on the plaintiff’s motion relating to defendants’ unclean hands defense because the argument presented – that defendants did not make proper disclosures regarding this defense in contention interrogatory responses – was really a motion to exclude evidence. The motion was denied without prejudice to raising it as a motion in limine.
