QLT Inc. announced that its wholly-owned subsidiary, QLT USA, Inc. (formerly Atrix Laboratories, Inc.) has reached an agreement to settle the litigation captioned "TAP Pharmaceutical Products Inc., Takeda Chemical Industries, Ltd. and Wako Pure Chemical Industries, Ltd. v. Atrix Laboratories, Inc. and Sanofi-Synthelabo Inc.," # 03-C-7822, United States District Court for the Northern District of Illinois and the appeal pending therefrom in the United States Court of Appeals for the Federal Circuit.
The settlement will resolve litigation that was initiated by TAP and its co-plaintiffs in 2003 in which TAP and its co-plaintiffs claimed that Atrix's (now QLT USA's) Eligard products infringed U.S. patent no. 4,728,721.
This settlement resolves only the United States litigation commenced by TAP and its co-plaintiffs against QLT USA and Sanofi-Synthelabo and does not affect the ongoing litigation in Germany commenced by Takeda and Wako German affiliates against QLT USA's European licensees of its Eligard product. The Takeda patent at issue in that case has been declared invalid by a German court, although that decision has been appealed by Takeda.
MedicalPatentNews also reported:
The Court of Appeals for the Federal Circuit affirmed a previous district court ruling that BrainLAB image-guided surgery and radiotherapy products do not infringe any of the patents in suit. In February 2006, the US District Court in Denver, Colorado, dismissed Medtronic's patent infringement lawsuit, finding that BrainLAB products do not infringe any of Medtronic's patents in suit. The district court concluded that a September 2005 jury verdict, where the jury found that BrainLAB infringed four patents held or licensed by Medtronic and awarded Medtronic US$51 million, was in error and not supported by the evidence.