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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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You may apply for a patent for your invention.

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Provisional Patent Application

Definition:
A provisional application for patent is a U. S. national application for patent filed in the USPTO under 35 U.S.C. § 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

PCT

Definition:
Patent Cooperation Treaty - provides a mechanism by which an applicant can file a single application that, when certain requirements have been fulfilled, is equivalent to a regular national filing in each designated Contracting State.

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