Fresenius’ Misconduct Defense Fails in PharmaSphere Patent Case

A PharmaSphere Inc. subsidiary didn’t mislead the US Patent and Trademark Office to obtain the patent at the center of an infringement suit against Fresenius SE & Co., a federal judge ruled.

Judge Maryellen Noreika rejected Fresenius Kabi USA LLC’s inequitable-conduct defense in an opinion issued Monday in the US District Court for the District of Delaware, preserving the enforceability of the patent’s remaining claim. Fesenius conceded ahead of trial that its ready-to-use calcium infusion infringes.

• Jurors last August voided two of the three asserted claims in US Patent No. 10,130,646—which PharmaSphere’s HQ Specialty Pharma Corp. unit owns ...