The court granted plaintiff's motion to strike defendants' affirmative defense of unclean hands based on plaintiff's alleged improper marketing activities promoting off-label uses of its product. "[I]t is clear that Defendants have not . . . alleged that such misconduct gave rise to or affected the patent rights or cause of action now pursued by [plaintiff]. In the absence of such a connection, an unclean hands defense is not viable, as 'courts in this Circuit have generally been clear that the connection between the misconduct and the claim must be close' . . . [However] evidence of such misconduct may be considered as a factor affecting [plaintiff's] ability to obtain a permanent injunction as relief in this proceeding."
Pfizer Inc., et al. v. Zenith Laboratories, et al., 2-01-cv-00193
(NJD August 27, 2009, Opinion) (Hochberg, J.)