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Patent Law Keyed to Adelman
Apotex USA, Inc. v. Merck & Co., Inc
Facts
Plaintiff has two patents that related to a process for making enalapril sodium, which is used to treat high blood pressure. Defendant has manufactured and sold enalapril sodium under the trademark Vasotec since 1983. Defendant owns patents that cover the enalapril sodium compound but does not own a patent covering its manufacturing process. Defendant disclosed the ingredients it used in its manufacturing of Vasotec in a Canadian product monograph in 1992, of which 30,000 copies were distributed. Defendant also disclosed the ingredients used in manufacturing its enalapril sodium product in a French dictionary which was sold in various foreign countries. Defendant sued Plaintiff in 1991 in Canada for infringement of Defendant's patent covering the enalapril sodium compound. A demonstration of Defendant's process of manufacturing Vasotec was performed during the trial. Within days, one of Plaintiff's employees had the idea for the patented product at issue. Plaintiff then sued Defendant claiming that Defendant infringed on its patents for enalapril sodium. Defendant claimed that the patents were invalid. Cross-motions for summary judgment were filed. Plaintiff's motion for summary judgment on infringement was granted by the district court, and so was Defendant's motion for summary judgment that the patent was invalid. Plaintiff appealed.
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