Biovail licensee files summary judgement dismissal against Marion Merrell Dow in patent litigation.TORONTO--(BUSINESS WIRE)--Feb. 24, 1995--Biovail Corp. International (AMEX AMEX See: American Stock Exchange :TSE See Tokyo Stock Exchange. TSE 1. See Tokyo Stock Exchange (TSE). 2. See Toronto Stock Exchange (TSE). :BVF BVF Biovail Corporation (stock symbol) BVF Berufsverband der Frauenärzte eV (Muenchen, Germany) BVF Bearing Versus Frequency ) announced today that its licensee Hoechst-Roussel Pharmaceutical Inc. of Somerville, N.J., has filed a Motion for an Order granting Summary Judgement of Noninfringement under Rule 56, Fed. R. Civ. P., to dismiss all patent litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. with Marion Merrell Dow Inc. (NYSE NYSE See: New York Stock Exchange :MKC), ("Marion") relating to Biovail's once-daily Diltiazem product in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. , District of New Jersey (Civil Action No. 93-5074(AET)). Biovail also announced that separately, and concurrently, the Ontario Court of Justice The Ontario Court of Justice is a Provincial Court for the Canadian province of Ontario. This court oversees matters relating to family law and criminal law. This court is subordinate in relationship to the "superior" courts. (General Division) dismissed Marion's application and decided that a New Jersey Letter of Request be dismissed with respect to Marion's request for access to documentation and information relating to Biovail's ongoing research programmes in developing generic equivalents to Marion's Cardizem sustained release products. (Ontario Court of Justice (General Division) Court File 4685-94). Eugene Melnyk, chairman of Biovail, commented, "These latest developments clearly point to the weaknesses of what is a sham patent infringement litigation brought on by Marion against our licensee which was intended only to cause automatic administrative delays in bringing our once-daily Diltiazem product to market. In addition to the obvious ploy in attempting to limit competition, Marion has also tried to use the judicial system in Ontario to gain access to our proprietary plans for developing generic equivalents to their Cardizem line of products. These transparent tactics were quashed by the Ontario courts and we expect the New Jersey courts to overwhelmingly rule against Marion in the patent litigation within the next ninety to one hundred and twenty days." Biovail has reacted to Marion's tactics by commencing legal proceedings in Puerto Rico and seeking damages of $480,000,000, before trebling, on 12 antitrust and business tort counts, against Marion and certain of its offices, for among other reasons, using sham litigation to delay the release of Biovail's product in the U.S. market. (Civil Action No. 94-2393 (HL)). Biovail is an international pharmaceutical development company, engaged in the formulation, clinical evaluation, registration and manufacture of drug products utilizing advance drug delivery technologies. CONTACT: Biovail Corp. 416/285-6000 |
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