ICN Pharmaceuticals, Inc. v. Geneva Pharmaceuticals Technology Corp.

MEMORANDUM OF DECISION AND ORDER

Defendants Geneva Pharmaceuticals Technology Corp., et al. (“Geneva”), Teva Pharmaceuticals USA, Inc., et al. (“Teva”), and Three Rivers Pharmaceuticals, LLC (“Three Rivers”) (collectively “Defendants”) filed a joint Motion for Summary Judgment of Noninfringement requesting that this Court find that Defendants do not infringe the asserted claims of the patents at issue. Defendants concurrently filed a joint Motion for Summary Judgment of Invalidity requesting that this Court hold certain claims of the patents at issue invalid as anticipated by the prior art. The patents at issue are owned by Plaintiff ICN Pharmaceuticals, Inc., et al. (“ICN”) and are as follows:

(collectively “the ICN patents”). The ’772 patent is a continuation of the ’097 patent, and the ’337 patent is a continuation-in-part of the ’772 patent. The ICN patents are generally directed to methods for administering ribavirin under a particular dosage, protocol, or concentration that promotes the response of a first type of cell, Thl, and suppresses the response of a second type of cell, Th2.

The motions came on for hearing on March 31, 2003. The Court heard oral argument and took…