Patent misuse defense was sufficiently pled

Posted on March 13, 2007 by Morris James LLP
Medpointe Healthcare Inc. v. Apotex Inc., et al., D. Del. No. 06-164-SLR, Jan. 26, 2007.

Robinson, J.  Motion to strike patent misuse defense was denied.

Inequitable conduct must be pled with particularity.  Defendants alleged plaintiff affirmatively misrepresented the benefits of azelastine and compared representations in the patent with those in a medical treatise and product literature.  The Court found the defense was well pled and denied the motion to dismiss.

A copy of the full opinion is available here.
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