The magistrate judge recommended granting defendant's motion to dismiss plaintiff's claim for contributory infringement where plaintiff pled that there were substantial noninfringing uses. "Plaintiff has pled CRESTOR® has become a widely prescribed statin, and [for 7 years], CRESTOR® was approved only for the treatment of hyperlipidemic persons. The [patent-in-suit] claims only a method for treating nonhyperlipidemic persons; therefore, the treatment of hyperlipidemic persons through the administration of CRESTOR® is clearly noninfringing. . . . Because Plaintiff’s allegations effectively state there are substantial noninfringing uses for CRESTOR® and its label/package insert, Plaintiff cannot establish at least one element of a claim of contributory infringement -- that the component, material, or apparatus has no substantial noninfringing uses -- and consequently, Plaintiff has failed to state a plausible claim for relief based on contributory infringement."
Palmetto Pharmaceuticals LLC v. AstraZeneca Pharmaceuticals LP, 2-11-cv-00807 (SCD January 4, 2012, Order) (Austin, M.J.)
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