Case: Patents/Summary Judgment (Fed. Cir.)

The Federal Circuit affirmed the decision of the District of New Jersey granting Rubicon Research Private Ltd. summary judgment of no induced infringement on Metacel Pharmaceuticals LLC’s action for infringement of a patent for an oral solution of baclofen. According to the appeals court, there is no genuine dispute that Rubicon’s proposed ANDA label clearly instructs room temperature storage while only optionally permitting refrigeration, while Metacel’s patent has a storage condition limitation. And the Federal Circuit said that the district court didn’t abuse its discretion in rejecting Metacel’s notice arguments as belated.