Braintree Labs survives antitrust and tortious interference challenge
Braintree Laboratories, Inc. v. Schwarz Pharma, Inc., C.A. No. 03-477-SLR, July 31, 2008.
Robinson, J. The court rules for plaintiff on unfair competition and antitrust claims after bench trial.
This is an ANDA case regarding a generic version (GLYCOLAX®) of MIRALAX®, a drug to treat constipation. Infringement complaint was voluntarily dismissed on June 3, 2004, invalidity counterclaim was moot, and 30-month stay period on FDA approval was waived. A 5-day bench trial took place beginning January, 2007 on unfair competition, tortious interference, and antitrust counterclaims. The court found no clear and convincing evidence that plaintiff was not entitled to Noerr-Pennington immunity. The court is not persuaded that the litigation is objectively baseless, despite plaintiff’s appreciation of the fact that the patent is weak, noting that even a weak patent enjoys a presumption of validity. The court finds that plaintiff offered a colorable claim and its proposed claim construction is not frivolous. Defendant’s unjust enrichment counterclaim fails also.
A full copy of the opinion is available here.
