Monday, January 9, 2012

Pleading Containing Allegations of Substantial Noninfringing Use Sinks Contributory Infringement Claim

The magistrate judge recommended granting defendant's motion to dismiss plaintiff's claim for contributory infringement where plaintiff pled that there were substantial noninfringing uses. "Plaintiff has pled CRESTOR® has become a widely prescribed statin, and [for 7 years], CRESTOR® was approved only for the treatment of hyperlipidemic persons. The [patent-in-suit] claims only a method for treating nonhyperlipidemic persons; therefore, the treatment of hyperlipidemic persons through the administration of CRESTOR® is clearly noninfringing. . . . Because Plaintiff’s allegations effectively state there are substantial noninfringing uses for CRESTOR® and its label/package insert, Plaintiff cannot establish at least one element of a claim of contributory infringement -- that the component, material, or apparatus has no substantial noninfringing uses -- and consequently, Plaintiff has failed to state a plausible claim for relief based on contributory infringement."

Palmetto Pharmaceuticals LLC v. AstraZeneca Pharmaceuticals LP, 2-11-cv-00807 (SCD January 4, 2012, Order) (Austin, M.J.)

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