Legal Opinion

Schering Corp. v. Geneva Pharmaceuticals, Inc.

District Court, D. New Jersey

Decided August 8, 2002No. 2:98-cv-01259PublishedCited by 2 opinions

1Opinion of the Court

OPINION

BISSELL, Chief Judge.

This matter comes before the Court on Plaintiffs and Defendants’ motions for summary judgment on Defendants’ inherent anticipation defenses with regard to Claims 1 and 3 of Schering’s ’716 patent. This Court has jurisdiction over the matter pursuant to 28 U.S.C. § 1331.

PROCEDURAL BACKGROUND

Plaintiff Schering Corporation is a pharmaceutical company whose several patents are at stake in this suit. Schering is the sole owner of U.S. Patent No. 4,282,233 (“the ’233 Patent”), which covers a drug known as loratadine. This patent was set to expire on June 19, 2002, but…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Avia Group International, Inc., (Formerly Pensa, Inc.) v. L.A. Gear California, Inc.Court of Appeals for the Federal Circuit · 1988
  4. Continental Can Company Usa, Inc. And Continental Pet Technologies, Inc. v. Monsanto Company, Hoover Universal, Inc. And Johnson Controls, Inc.Court of Appeals for the Federal Circuit · 1991
  5. D.M.I., Inc. v. Deere & Co.Court of Appeals for the Federal Circuit · 1985

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3Cited by2 opinions

  1. Schering Corp. v. Geneva Pharmaceuticals, Inc.Court of Appeals for the Federal Circuit · 2003
  2. Schering Corporation v. Geneva PharmaceuticalsCourt of Appeals for the Federal Circuit · 2003

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