Syntex Pharmaceuticals International, Ltd. v. K-Line Pharmaceuticals, Ltd.

OPINION

WOLIN, District Judge.

This case demonstrates the danger of a legitimate attempt to design around a patent. If one misreads the patent, one may very well end up squarely within the claims of the patent that one has carefully sought to avoid. Because the Court finds no material issue of fact and finds that the accused product literally infringes the patent-in-suit, the Court will grant the patent holder’s motion for summary judgment of infringement. As an initial matter, the Court will also deny a motion by two of the proponents of the accused product for summary judgment based on patent…