Bone Care Int’l., LLC v. Pentech Pharms., Inc., No. 08 C 1083, Slip Op. (N.D. Ill. Mar. 22, 2012) (Dow, J.).

Judge Dow issued his opinion, findings of fact and conclusions of law following a bench trial conducted during October and November 2010 on the issues of validity and enforceability of plaintiffs’ patent for Hectorol, an injectable drug for treating hyperparathyroidism secondary to end-stage renal disease.  The Court held the patent valid and enforceable.  Of particular note:

• Per the parties’ stipulation, defendants infringed claim 7 of the patent.
• Plaintiffs were entitled to a 1988 priority date.
• The articles and evidence offered by defendants did not meet the burden of showing that plaintiffs’ invention was inoperable.
• There was no showing that plaintiffs’ invention was obvious in 1988, although it was a “good candidate for further study.”
• The references that plaintiffs allegedly failed to disclose to the Patent Office were irrelevant because they all published after the 1988 priority date.