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Bristol-Meyers Squibb Co. v. Ben Venue Laboratories, Inc.

Summary judgment that plaintiff's claims were invalid for anticipation affirmed in part because it is possible for a failed experiment to anticipate; judgment reversed with regard to premedicant claims because question remained whether there were so few classes of premedicants that experimenter's general suggestion to premedicate would have been understood as a suggestion to premedicate with the medications in plaintiff's claims.

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Appealed from: United States District Court for the District of New Jersey Judge William H. Walls

Bristol-Myers Squibb Company appeals from the decision of the United States District Court for the District of New Jersey granting the motion by Ben Venue Laboratories, Inc., Bedford Laboratories, Boehringer Ingelheim Corporation, Immunex Corporation, IVAX Corporation, Zenith Goldline Pharmaceuticals, Inc., Marsam Pharmaceuticals, Inc., Schein Pharmaceutical, Inc., and Mylan Pharmaceuticals, Inc. (collectively, “the defendants”) for summary judgment that claims 1-3 and 6 of U.S. Patent 5,641,803 and claims 1, 2, 5, 6, 8 and 9 of U.S. Patent 5,670,537 are invalid for anticipation. Bristol-Myers Squibb Co. v. Boehringer Ingelheim Corp., 86 F. Supp. 2d 433 (D.N.J. 2000) (“Bristol II”).

Because the district court did not err in holding claims 1-3 and 6 of the ’803 patent and claims 1, 2, 5 and 8 of the ’537 patent invalid, we affirm the court’s judgment as to those claims. The district court erred in holding claims 6 and 9 of the ’537 patent invalid, however. We therefore vacate the court’s grant of summary judgment with respect to those two claims.

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