Patent Law

Aaron F. Barkoff writes in an August 3, 2008 post at his Orange Book Blog:

Earlier this year, KV filed a motion for sanctions under Rule 11 on grounds that Celgene and Novartis "failed to make a reasonable inquiry into their infringement claims before filing suit."  KV sought dismissal of the suit, plus costs and attorney fees.  KV's motion relied on Q-Pharma, Inc. v. Andrew Jergens Co., 360 F.3d 1295 (Fed. Cir. 2004), which states, "In the context of patent infringement actions, we have interpreted Rule 11 to require, at a minimum, that an attorney interpret the asserted patent claims and compare the accused device with those claims before filing a claim alleging infringement."

On July 22nd, the district court denied KV's motion with prejudice. 

Read the full post here.