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Apotex USA, Inc. v. Merck & Co., Inc.

Summary judgment that plaintiff's patents were invalid affirmed because defendant invented the claimed process of manufacturing high blood pressure medication before plaintiff and did not abandon, suppress or conceal that invention.

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Appealed from: U.S. District Court for the Northern District of Illinois Judge Matthew F. Kennelly

Apotex USA, Inc. appeals from the decision of the United States District Court for the Northern District of Illinois granting Merck & Co., Inc.’s motion for summary judgment that the claims of U.S. Patents 5,573,780 and 5,690,962 are invalid under 35 U.S.C. � 102(g). Apotex Corp. v. Merck & Co., No. 96-C-7375, 2000 WL 97,582 (N.D. Ill. Jan. 25, 2000) (“Apotex I”). Because the district court did not err in granting summary judgment that the ’780 and ’962 patents are invalid under 35 U.S.C. � 102(g), we affirm.

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