Chinta & Fratangelo LLP

Adams Respiratory Therapeutics, Inc. v. Perrigo Co.

No. 2010-1246 (Fed. Cir. 8/5/2010) (Linn, Moore, Friedman, opinion by Moore).This case highlights several important issues in an ANDA litigation. Background Adams owns the ‘252 patent for controlled release guaifenesin. Adams markets Mucinex® which is the preferred embodiment of the ‘252 patent. Slip op. at 3. Perrigo filed an ANDA seeking to market 600 mg …

Vizio, Inc. v. ITC

No. 2009-1386 (Fed. Cir. 5/26/2010).  Funai owns the ‘974 patent that improves “channel latency,” a delay in digital TV decoders while data is received. Funai brought an action at the ITC alleging that defendants imported infringing TV’s.  The ITC concluded that certain claims of the ‘974 patent were valid and enforceable, and infringed by defendants. …