In a patent case involving claims for the antipsychotic drug quetiapine, district court’s grant of limited motion for summary judgment of no inequitable conduct in favor of plaintiffs-AstraZeneca, is affirmed as defendants had not presented evidence sufficient for a reasonable jury to find that in the prosecution of the patent application, plaintiff made a misrepresentation of material fact or an omission of material fact, with intent to deceive or mislead the patent examiner into granting the patent.
Read AstraZeneca Pharm. LP. v. Teva Pharm. USA, Inc., No. 08-1480
Appeal from: United States District Court for the District of New Jersey
Decided September 25, 2009
Judges
Before Newman, Rader, and Prost, Circuit Judges
Opinion by Newman, Circuit Judge.
Counsel
For Appellant: Henry J. Renk, Fitzpatrick Cella, Harper & Scinto
For Appellee: Ira J. Levy, Goodwin Procter LLP
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