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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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Your invention may already be patented.

Public users may perform preliminary searches of patent information in a variety of formats including on-line, microfilm, and print at the United States Patent and Trademark Office (USPTO) Public Search Facility located in Alexandria, VA. State of the art computer workstations provide automated searching of patents issued from 1790 to the current week of issue. Full document text may be searched on U.S. patents issued since 1971 and OCR text from 1920 to 1970. U.S. patent images from 1790 to the present may be retrieved for viewing or printing. Some foreign patent documents are available.

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 Helpful Patent Terms

Collective Mar

Definition:
A trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark that indicates membership in a union, an association, or other organization

Cancellation Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which The plaintiff seeks to cancel an existing registration of a mark.

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