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Pre-Filing Infringement Analysis is "Key Factor" to Avoiding Rule 11 Sanctions.(Q-Pharma, Inc. v. The Andrew Jergens Company, Case No. 03-1184 (Fed. Cir. Mar. 8, 2004))

Publication: Mondaq Business Briefing
Publication Date: 02-APR-04 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The U.S. Court of Appeals for the Federal Circuit confirmed that the Rule 11 requirements of reasonable pre-filing investigation may be satisfied by an "infringement analysis" performed prior to filing a patent infringement suit. Q-Pharma, Inc. v. The Andrew Jergens Company, Case No. 03-1184 (Fed. Cir. Mar. 8, 2004) (Lourie, J.).

Q-Pharma filed suit against Jergens alleging that Jergens' sale of its "Cruel Lotion with Coenzyme Q10" infringed the Q-Pharma patent directed to a method for therapeutically treating damaged tissue by administering a composition containing Coenzyme Q10 (C0Q10). The label on the Jergens' lotion prominently displays...

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