Sleet Strikes Patents in Suit Over Respiratory Treatment
A Delaware federal judge on Tuesday extinguished Mallinckrodt Pharmaceuticals' patent infringement suit against industrial gases company Praxair Inc., striking five of the Irish drugmaker's patents for its INOMAX respiratory treatment system as invalid and ruling that Praxair had not infringed on five more.
September 06, 2017 at 06:02 PM
12 minute read
The original version of this story was published on Delaware Law Weekly
A Delaware federal judge on Tuesday extinguished Mallinckrodt Pharmaceuticals' patent infringement suit against industrial gases company Praxair Inc., striking five of the Irish drugmaker's patents for its INOMAX respiratory treatment system as invalid and ruling that Praxair had not infringed on five more.
Mallinckrodt had sued in 2015 to protect its patents for INOMAX, the company's second best-selling product, which accounts for 15 percent of Mallinckrodt's total revenue and brings in $500 million in annual sales. According to court documents, the patents related to an inhaled nitric oxide and the devices were used to administer it to newborns and children with breathing disorders.
Praxair, which had applied to bring a generic version of the treatment and devices to market, had attacked the validity of Mallinckrodt's patents during a seven-day trial in March.
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