Victory at the ITC and Federal Circuit keeps the U.S. market open for Hoechst

Finnegan successfully defended Hoechst against patent infringement claims by Kaken Pharmaceuticals in the ITC. Kaken sought to exclude Hoechst’s agricultural feed products containing salinomycin, an antibiotic, from U.S. markets. We persuaded the ITC that the Kaken patents were invalid and unenforceable on the grounds of inequitable conduct. The judge recommended monetary sanctions against Kaken and payable to Hoechst to cover Hoechst’s legal fees and costs to defend the case. The judge also recommended a penalty in an equal amount payable to the ITC. On appeal, the decision against Kaken was affirmed by the Federal Circuit.