Summary judgement of equitable estoppel inappropriate where there are multiple reasonable interpretations of the evidence

Ferring B.V. v. Allergan was decided on November 10, 2020 on appeal from the Southern District of New York. In September 2002, Ferring filed a PCT Application for its drug formulation, naming 6 inventors, including Fein, a consultant for Ferring. Fein “conceived the sublingual route of administration.” Two months later, …

Misconduct during prosecution and litigation supports finding of unclean hands for asserted patents

Gilead v. Merck was decided on April 25, 2018 on appeal from the Northern District of California. After the jury ruled for Merck and awarded $200 million in damages, the district court held a bench trial on Gilead’s unclean hands defense. The district court ruled for Gilead, “finding both pre-litigation business misconduct and litigation …