Patent Infringement Trial Ends with Favorable Verdict for Rothwell Figg Clients HQ Specialty Pharma Corp. and WG Critical Care, LLC

Rothwell Figg clients HQ Speciality Pharma Corp. and WG Critical Care, LLC secured a victory following a week-long patent trial in the District of Delaware in which the jury found that none of the claims of its asserted patent were invalid for obviousness.

Three years prior, HQ Specialty Pharma Corp. and WG Critical Care, LLC (“Plaintiffs”) filed a lawsuit against Fresenius Kabi USA, LLC, alleging that sales of Fresenius Kabi’s calcium gluconate in sodium chloride solution for intravenous administration infringed U.S. Patent No. 10,130,646. The Plaintiffs' patented product, a ready-to-use, shelf-stable calcium gluconate solution, offers significant safety and efficiency benefits over the products that were previously available, and has achieved notable commercial success.

Rothwell Figg served as litigation counsel for the Plaintiffs, managing all aspects of the case. Just prior to briefing on claim construction, Fresenius Kabi conceded a key claim construction issue and admitted infringement, leaving the primary issue for trial whether the patent-in-suit was invalid as obvious.

The jury found all claims of the patent not invalid as obvious – a win on the most critical issue and a significant victory for Rothwell Figg clients HQ Specialty Pharma Corp. and WG Critical Care, LLC. The jury also “found that inventorship needed to be corrected with respect to two claims of the patent because an additional person should have been named as an inventor,” Rothwell Figg partner Steven Lieberman told Law360. "That is a simple procedure, and we will add the additional inventor. After that is done, we will seek a permanent injunction against the sale by Fresenius of its infringing product."

The Rothwell Figg team representing HQ Specialty Pharma Corp. and WG Critical Care, LLC included Steven Lieberman, Sharon Davis, Jenny Colgate, Kristen Logan, Andrew Stewart, and An Nguyen.