In a patent case involving claims for the antipsychotic drug quetiapine, district court's grant of limited motion for summary judgment of no inequitable conduct in favor of plaintiffs-AstraZeneca, is affirmed as defendants had not presented evidence sufficient for a reasonable jury to find that in the prosecution of the patent application, plaintiff made a misrepresentation of material fact or an omission of material fact, with intent to deceive or mislead the patent examiner into granting the patent.
Appeal from: United States District Court for the District of New Jersey
Decided September 25, 2009
Opinion by Newman, Circuit Judge.
For Appellant: Henry J. Renk, Fitzpatrick Cella, Harper & Scinto
For Appellee: Ira J. Levy, Goodwin Procter LLP