Printer Friendly

COURT RULES IN FAVOR OF CYGNUS MOTION FOR SUMMARY JUDGMENT; DISMISSES IMPORTANT PARTS OF PATENT INFRINGEMENT SUIT

 COURT RULES IN FAVOR OF CYGNUS MOTION FOR SUMMARY JUDGMENT;
 DISMISSES IMPORTANT PARTS OF PATENT INFRINGEMENT SUIT
 REDWOOD CITY, Calif., June 26 /PRNewswire/ -- Cygnus Therapeutic Systems (NASDAQ: CYGN) announced today that the San Francisco federal court dismissed important parts of a patent infringement suit brought against it by Elan Transdermal Limited. Elan's suit had claimed that the manufacture and clinical testing for Cygnus's Nicotrol(TM) transdermal nicotine patch infringed an Elan patent No. 4,946,853. On Monday, the court threw out this claim.
 Finding that Elan could not win on its claim in view of the undisputed facts, the court granted Cygnus's motion for a summary judgment. The Cygnus patch is significantly different from the Elan patch, the court noted. One of these differences, that the Elan patch has a solvent while the Cygnus Nicotrol patch does not, is important and means that the manufacture of the Cygnus patch cannot infringe Elan's patent rights.
 The use of the patch in clinical tests conducted for FDA approval also does not infringe Elan's patent, the court stated. This is because use of the patch for this purpose is protected under a special provision of the patent laws. This claim, too, was therefore thrown out.
 The court's action leaves only a claim by Elan asking the court to determine whether use of the Nicotrol patch by commercial customers will infringe the patent. This issue will be decided in a jury trial beginning Jan. 25, 1993.
 Cygnus is a leader and innovator in the development of advanced transdermal drug delivery systems, and has 203 employees located at its Redwood City headquarters. In addition to Nicotrol, the company has two other products in advanced clinical trials: an estradiol patch that is used for the treatment of the symptoms of menopause and the prevention of osteoporosis, and a fentanyl patch for moderate to sever post- operative pain management. Cygnus Therapeutic Systems has 11 U.S. patents issued or allowed and over 300 patent applications worldwide covering its transdermal technology.
 -0- 6/26/92
 /CONTACT: Shirley Clayton of Cygnus, 415-599-3552/
 (CYGN) CO: Cygnus Therapeutic Systems ST: California IN: MTC SU:


MC-MM -- SF001 -- 4060 06/26/92 07:00 EDT
COPYRIGHT 1992 PR Newswire Association LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1992 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Publication:PR Newswire
Date:Jun 26, 1992
Words:363
Previous Article:TIE/COMMUNICATIONS, INC. ANNUAL MEETING HEARS OUTLINE OF NEW CORPORATE STRATEGY AND PRODUCT EXPANSION PLAN
Next Article:QUESTECH AWARDED MARYLAND PROCUREMENT OFFICE CONTRACT
Topics:


Related Articles
UPJOHN WINS PATENT INFRINGEMENT SUIT
Cadus Announces Court Ruling of Summary Judgment Motions
TKT and Aventis Pharma Motion for Judgment of Non-Infringement Granted by U.S. District Court.
Tkt and Aventis Pharma motion for judgment of non-infringement granted by United States district court.
Transkaryotic announces victory in Genzyme patent litigation.
Cytogen granted summary judgment of non-infringement of prostate cancer patent.
Update on Paxil Patent Litigation.
Genentech patent infringement suit against Insmed dismissed.

Terms of use | Copyright © 2016 Farlex, Inc. | Feedback | For webmasters