Full title: Medicis Pharmaceutical Corporation, Plaintiff, v. Acella Pharmaceuticals
Court: United States District Court, D. Arizona
Date published: Nov 3, 2011
Facts
Plaintiff Medicis Pharmaceutical Corporation (“Medicis”) owns, through assignment, United States Letters Patent No. 7,776,355 (the “Patent”). The patent claims a topical drug delivery system comprised of a pad, a container, and a liquid composition that includes dermatologically active ingredients. Medicis uses the patent’s drug delivery system in Medicis products, including its Triaz® Foaming Cloths. Triaz Foaming Cloths deliver benzoyl peroxide to the skin to treat acne. Triaz® Foaming Cloths are available in three different strengths: 3%, 6%, and 9%.
Defendant Acella Pharmaceuticals Inc. (“Acella”) sells benzoyl peroxide foaming cloths in three different strengths: 3%, 6%, and 9%. Medicis alleges the Acella foaming cloths directly infringe the patent. Medicis filed this suit for patent infringement on August 19, 2010.
Issue
Decision
IT IS ORDERED, granting Defendant Acella’s Motion for Summary Judgment (Doc. 250). The Court holds that all the asserted claims of the patent are invalid as obvious. The clerk will therefore enter judgment for defendant Acella.
It is further ordered to grant judgment to Defendant/Counter-Plaintiff Acella on its counter-claim for declaratory relief (Doc. 178) because the Court has found the patent invalid.
IT IS FURTHER ORDERED, vacating the Final Pretrial Conference set for January 17, 2012, and the trial set for January 24, 2012.
It is further ordered to deny Medicis’s Motion for Leave to Supplement Brief of Medicis in Opposition to Acella’s Motion for Summary Judgment (Doc. 271) because the proposed supplement relates only to the lost profits argument, which the Court did not reach.
It is further ordered to deny Medicis’s motion to seal (Doc. 274).
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